Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. CC753856
Premo, Acting P.J.
Defendant Carlos Flores Barrera pleaded guilty to four counts of robbery (Pen. Code, §§ 211-212.5, subd. (c)) and admitted gang and weapon enhancements alleged in connection with each of these counts. Barrera pleaded guilty with the understanding that he would be sentenced to a minimum of 12 years and a maximum of 28 years, eight months in prison. At sentencing, the trial court sentenced him to a total term of 20 years.
All further statutory references are to the Penal Code.
We appointed counsel to represent Barrera in this court. Appointed counsel filed an opening brief which states the case and the facts, but raises no specific issues. We notified Barrera of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written argument from Barrera.
I. Factual and Procedural Background
We derive the facts from the felony complaint, the probation report and other documents contained in the clerk’s transcript.
On December 7, 2006, at approximately 7:00 p.m., Barrera and three codefendants entered the Fairchild Deli in Mountain View, California. One of Barrera’s codefendants jumped over the counter, pointed a gun at the head of the clerk, Eric Ngo, and demanded he open the register. Ngo was then forced to the floor, where his hands were bound with plastic zip ties. Approximately $2,000 and Ngo’s cell phone were taken. Barrera admitted to the police that he participated in this robbery, though he was not the one who brandished the gun.
On December 13, 2006, at approximately 11:45 p.m., Barrera and four codefendants entered the Liquor and Food Mart in Sunnyvale, California. Two of the codefendants pointed handguns at the store employee, Ofelia Trujillo, while Barrera and the other codefendants took $400 from the cash register, prepaid telephone cards, a beanie, two cases of beer and lottery tickets. Trujillo was taken to a rear storage area where her ankles and arms were bound with plastic zip ties. Barrera admitted to the police that he participated in this robbery, though he did not admit to brandishing a gun.
On December 21, 2006, at approximately 9:00 p.m., Barrera entered a Little Caesar’s pizza restaurant in Mountain View, California, and demanded a pizza. When the employee at the register attempted to charge him for the pizza, Barrera said, “I already paid. You don’t remember me. Give me a pizza.” Barrera left the restaurant without a pizza after it was determined he had not, in fact, paid.
Barrera then reentered the store, removed a 10-inch knife from his pants pocket and attempted to open the register. He then jumped over the counter and chased one of the employees, Sothavy Ung, to the back of the restaurant. Ung and two other male employees locked themselves inside a bathroom, leaving another employee, 19-year-old Cassandra Gonzalez, alone with Barrera. Gonzalez attempted to dial 911, but Barrera grabbed the telephone from her and ripped it from the wall. After he again failed to open the register, he waved his knife one to two feet from Gonzalez’s face. Gonzalez opened the register for Barrera. He took $16 in cash from the register, jumped over the counter and left. The police arrived, located Barrera near the restaurant and he was arrested.
Although the victim’s name is spelled “Casandra” in the probation officer’s report, we assume this is a typographical error and substitute the more common spelling “Cassandra,” which spelling also appears in the felony complaint.
In a statement to police, Barrera, who was dressed in Sureno gang attire, said he did not remember what occurred inside the restaurant and that he had been associating with Sureno gang members for five months. A blood sample was taken, which tested negative for drugs, but Barrera’s blood alcohol level was 0.16 percent.
On September 10, 2007, a “Felony Complaint and Consolidated Cases” was filed alleging Barrera and six codefendants had committed various crimes. The felony complaint listed a total of 33 counts, all of which included gang enhancement allegations (§ 186.22, subd. (b)(4)), but Barrera was named as a defendant in only four of those counts.
In count 20, Barrera was charged along with four codefendants for the December 13, 2006 robbery of Trujillo. (§§ 211-212.5, subd. (c).) The count further alleged that Barrera was a principal and at least one principal personally used a firearm in committing the offense. (§ 12022.53, subds. (b), (c)(1).)
In count 21, Barrera was charged along with three codefendants for the December 7, 2006 robbery of Ngo. This count also alleged that Barrera was a principal and at least one principal personally used a firearm in committing the offense. (§ 12022.53, subds. (b), (e)(1).)
In counts 32 and 33, Barrera was charged with the December 21, 2006 robberies of Ung and Gonzalez. (§ 211-212.5, subd. (c).) It was further alleged that Barrera personally used a deadly and dangerous weapon, i.e., a knife, in the commission of these offenses. (§ 12022, subd. (b)(1).)
On December 3, 2007, Barrera, represented by counsel, pleaded guilty to all four counts and admitted the weapon and gang enhancements with the understanding that the minimum sentence he could receive was 12 years and the maximum sentence he could receive was 28 years and eight months.
When interviewed in connection with the preparation of the probation officer’s report, Barrera admitted being a member of the “Mountain View Surenos” gang and participating in each of the robberies, but said he had no knowledge that any of the codefendants were armed. Barrera claimed that, during each robbery, he was under the influence of methamphetamine and/or alcohol.
At sentencing, the trial court imposed a total sentence of 20 years, as detailed below. On count 20, Barrera received the middle term of three years on the robbery conviction, with a consecutive 10-year term for the firearm enhancement. The court imposed a consecutive 10-year term for the gang enhancement, but stayed that term pursuant to section 12022.53, subdivision (e)(2).
On count 21, the court imposed a consecutive one-year term, as one-third of the middle term of three years, for the robbery conviction, along with a consecutive three-year, four month term as one-third of the 10-year firearm enhancement. Again, the court imposed a 10-year term for the gang enhancement, but struck that term under section 186.22, subdivision (g).
On counts 32 and 33, the court imposed consecutive one-year terms, as one-third of the middle term of three years, for the robbery convictions, along with consecutive four-month terms as one-third of the one-year personal use of a deadly weapon enhancement. The court imposed consecutive 10-year terms for the gang enhancements on each count, but again struck both terms under section 186.22, subdivision (g).
The court imposed $10,000 in restitution fines under sections 1202.4, subdivision (b), and 1202.45, an $80 security fee and a $24.50 fine under section 1202.5.
On November 4, 2008, this court granted Barrera’s motion for relief from default to file a timely notice of appeal, and notice of appeal was filed on November 5, 2008.
Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the whole record and have concluded there is no arguable issue on appeal.
II. Disposition
The judgment is affirmed.
WE CONCUR: Elia, J., Mihara, J.