Opinion
H042558
03-29-2017
THE PEOPLE, Plaintiff and Respondent, v. FORTINO MALDONADO PENA, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. C1227699)
Defendant Fortino Maldonado Pena appeals from a judgment entered upon his no contest plea to three counts of second degree robbery (Pen. Code, §§ 211; 212.5, subd. (c)) and one count of false imprisonment. (§ 236, 237.) He also admitted being armed with a handgun during the commission of two of the robberies. (§ 12022.1, subd. (a)(1).) The crimes took place at three different jewelry stores; two of them took place at defendant's direction, while in the third he was a direct participant. At the plea hearing defendant stated that he understood that the maximum sentence he could receive if all the counts of the information were established would be 52 years, and his plea agreement stated a maximum for the pleaded counts of 20 years 8 months.
All further statutory references are to the Penal Code.
Defendant had been charged by information with nine counts of robbery (counts 1, 2, 9-13, 17, 18, §§ 211; 212.5, subd. (c)), two counts of assault with a firearm (counts 3, 4, § 245, subd. (a)(2)), two counts of dissuading a witness (counts 5, 6, § 136.1, subd. (c)(1)), seven counts of false imprisonment (counts 7, 8, 14, 15, 19-21, §§ 236, 237), and one count of vandalism (count 16, § 594, subds. (a), (b)(1)). As to counts 1, 2, 9-13, and 17-21, the information alleged that defendant was armed with a firearm (§ 12022, subd. (a)(1).) As to counts 1, 2, 9-13, and 17-21, the information alleged that defendant had used a handgun. (§§ 12022.5, subd. (a), 12022.53, subd. (b).)
On May 8, 2015, defendant was sentenced to the agreed prison term of 18 years. The court dismissed six additional robbery counts, two counts of assault with a firearm, two counts of dissuading a witness, five counts of false imprisonment, and one count of vandalism. It also struck the punishment for the handgun enhancements attached to counts 1 and 9 under section 1385. The trial court further imposed a restitution fine of a minimum of $200 and imposed but suspended a parole revocation fine in the same amount. (§§ 1202.4, subd. (b), 1202.45.) Finally, the trial court awarded defendant 1,331 days of presentence custody credit. (§§ 2900.5, 2933.1.) Defendant filed a timely notice of appeal on July 6, 2015, based on "the sentence or other matters occurring after the plea that do not affect the validity of the plea."
Defendant's prison term was composed of the lower term of 2 years on count 17, plus 10 years for the gun enhancement; a subordinate term of 8 months on count 20, plus 3 years 4 months for the gun enhancement; a subordinate term of 1 year on count 1; and a subordinate term of 1 year in prison for count 9. --------
Appointed appellate counsel has filed an opening brief that states the factual and procedural history of the case but raises no issues. We notified defendant of his right to submit written argument on his own behalf within 30 days. The 30-day period has elapsed and we have received no response from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
/s/_________
ELIA, J. WE CONCUR: /s/_________
RUSHING, P. J. /s/_________
PREMO, J.