Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County No. FWV701580. Raymond L. Haight III, Judge.
Donna L. Harris, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ P. J.
Defendant and appellant Yuntoo Leroy Batiste appeals following his guilty plea to attempted second degree robbery (Pen. Code, §§ 664/211) and kidnapping (§ 207, subd. (a)) with personal use of a firearm (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)). We affirm.
All further statutory references are to the Penal Code.
FACTUAL AND PROCEDURAL BACKGROUND
Based on testimony given during a preliminary hearing, defendant was charged with offenses arising out of two separate incidents on July 6 and 8, 2007. With respect to the first incident, an employee of a check cashing business testified that defendant walked into the business on July 6, 2007, and asked the employee whether he remembered him. The employee told defendant he did not remember him, even though he recognized defendant as someone who had recently been denied a loan. Defendant told the employee, “[D]on’t move or I’m going to shoot you in the face.” He showed the employee what looked like the barrel of a gun in his pocket and instructed the employee to empty the cash register. The employee took about $150 out of the cash register and gave it to defendant. Defendant asked the employee to get the loan application he previously submitted, but the employee told defendant the applications are shredded after three days if someone is declined and does not come back. Defendant took the employee to a room at the rear of the business and made him kneel down. Defendant then grabbed a cable from surveillance equipment and tied it around the employee’s feet. Defendant also grabbed an extension cord and tied it around the employee’s hands. After the employee was tied up, defendant reached his hand into the employee’s pocket and took his identification, credit card, money clip and money. Defendant told the employee he was taking these items for “insurance” and indicated, “[i]f something happens to me, something’s going to happen to you.”
As a result of the July 6, 2007 incident, defendant was charged with second degree robbery (§ 211—counts 1 & 2) and kidnapping (§ 209, subd. (b)(1)—count 3). Personal use of a handgun (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)) was also charged as to counts 1 through 3.
The second incident on July 8, 2007, involved a retail clothing store employee who encountered defendant while opening the store in the morning. She testified she unlocked the glass door in the front of the store, as well as the gate behind the glass door. She then stepped inside and turned around to find defendant standing behind her holding a knife. The store is equipped with an alarm system that beeps until it has been disabled. Defendant told the employee to disable the alarm, but she fell to the floor. Defendant used his foot to push her along the floor until she stood up. When she was back on her feet, defendant grabbed the belt loop on her skirt and rushed her toward the alarm pad at the back of the store. However, she told defendant she was unable to disarm the system because the front doors were unlocked. With defendant nudging her from behind, they rushed to lock the front door. When she failed to disarm the alarm the second time, defendant said, “Bitch, unlock the safe. Open the safe.” Although she tried to open the safe, she could not recall the combination. Defendant grabbed her by the arm and rushed her back to the front door yelling for her to unlock it. After she unlocked the front door, defendant yelled, “Go to the back room.” She ran to the back room, shut the door behind her, blocked the door with a file cabinet, and waited for police to arrive. Defendant did not take any money from her or the store.
As a result of the July 8, 2007 incident, defendant was charged in count 4 with attempted second degree robbery (§§ 664/211) and personal use of a knife (§ 12022, subd. (b)(1)). As to all counts, it was further alleged defendant served five prior prison terms within the meaning of section 667.5, subdivision (b).
Pursuant to a written plea agreement, defendant pled guilty to attempted second degree robbery (§§ 664/211—count 4) and to a new charge of simple kidnapping (§ 207, subd. (a)—count 5) in connection with the first incident on July 6, 2007. Defendant also admitted the personal use of a firearm in connection with the simple kidnapping charged in count 5 and to three prior prison terms within the meaning of section 667.5, subdivision (b). The plea agreement provided for all other charges and allegations to be dismissed. The parties stipulated to the preliminary hearing transcript as the factual basis for the plea.
On July 24, 2008, the court sentenced defendant in accordance with the plea agreement to a total term of 14 years in state prison. To reach the total term, the court imposed the aggravated term of eight years in prison for the kidnapping (count 5) and three years for the use of a firearm. Three 1-year enhancements were then added for each prior prison term. On count 4, the court imposed eight months (one-third the midterm of two years) to be served concurrently to the sentence imposed on count 5.
DISCUSSION
On July 30, 2008, defendant filed a notice of appeal “based on the sentence or other matters occurring after the plea.” We appointed counsel to represent defendant on appeal. Appointed counsel on appeal has filed a brief under People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth the facts and procedural history, raising no specific issues, and requesting this court to conduct an independent review of the record. On March 27, 2009, we offered defendant an opportunity to file a personal supplemental brief, which he failed to do. We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: GAUT J., KING J.