Opinion
NOT TO BE PUBLISHED
Superior Court County of Santa Barbara, No. 1278199, Santa Barbara County, James P. Rigali, Judge
David A. Andreasen, under appointment by the Court of Appeal for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
COFFEE, J.
Ananias Villefuerte Ando, Jr. appeals from the judgment entered after a jury convicted him of two counts of second degree robbery (Pen.Code, §§ 211, 212.5, subd. (c)) and the court found in a bifurcated proceeding that he had a prior serious felony conviction and had served two prior state prison sentences. (§§ 667, subds. (a)(1) & (b); 667.5, subd. (b).) The court sentenced him to a total term of 15 years in state prison, including a 3-year middle term for one robbery count, a consecutive one-year term for the other robbery count (which terms were doubled for the prior felony strike); a 5-year term for the prior serious felony conviction; and a one-year term for each of two prior prison terms. (§§ 213, subd. (a)(1)(B)(2); 667, subds. (a)(1), (b) & (e)(1); 667.5, subd. (b).)
All further statutory references are to the Penal Code.
On September 23, 2007, co-defendant Richard Obenauer was driving a Lincoln, with three passengers, including appellant, on Cook Street in Santa Maria. Kevin Otani was driving a Honda and taking his brother Keith to the Culligan store. Kevin sped up to pass the Lincoln and muffler fell from his Honda. The Lincoln passed the Honda and one of its occupants "flipped off" Kevin and Keith. Kevin parked in the Culligan store lot. Obenauer soon parked the Lincoln there.
With his hand in his pocket, Obenauer approached within three feet of Keith. Something in Obenauer's pocket looked like a weapon to Keith. Fearing that Obenauer might injure him, Keith gave him money.
Appellant approached Kevin, who held a tire iron or wrench that he was using to re-attach the muffler to the Honda. Appellant told Kevin to stay out of their "hood," asked what his father's name was and if he knew where appellant was from. Using a mean tone, appellant told Kevin to empty his pockets. Scared, Kevin opened his wallet and gave him $10. Appellant and Obenauer told Keith and Kevin that they would be shot if they were in the "hood" again.
We appointed counsel to represent appellant in this appeal. After examining the record, counsel filed an opening brief raising no issues and requesting this court to independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
On April 22, 2009, we advised appellant that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. He has not done so.
We have examined the entire record and are satisfied that appellate counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
We concur: GILBERT, P.J., PERREN, J.