Opinion
2d Crim. No. B230931
12-22-2011
THE PEOPLE, Plaintiff and Respondent, v. ANDREW ANGEL CARRILLO, Defendant and Appellant.
Arielle Bases, under appointment by the Court of Appeal, for Appellant. No appearance for Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. 2010022553)
(Ventura County)
Andrew Angel Carrillo appeals the judgment entered after a jury convicted him of second degree robbery (Pen. Code, § 211), and burglary (§ 459). The trial court sentenced him to two years in state prison, imposed various fines and fees, and awarded presentence custody credit.
All further undesignated statutory references are to the Penal Code.
After the notice of appeal was filed, appointed appellate counsel filed a motion in the trial court requesting that a concurrent two-year term imposed on the burglary count be stayed pursuant to section 654. Counsel also sought correction of a clerical error in the abstract of judgment which incorrectly stated that appellant was ordered to pay a $1,564 fine pursuant to section 1202.5. The court granted the motion in its entirety. On December 13, 2011, appellate counsel forwarded this court a copy of the amended abstract of judgment.
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On May 15, 2010, sales manager Richard Dicato and security guard Brian Shipley were working at a Ralph's supermarket when they observed appellant run out the back produce door carrying two 30 packs of beer for which he had not paid. When appellant entered the store again on June 23, 2010, Dicato and Shipley intercepted him as he attempted to once again exit through the back produce door with two 30 packs of beer. Shipley, who had also seen appellant put a bottle of vodka in his pants, asked him where he was going with the two cases of beer. Appellant, who was visibly intoxicated, replied, "None of your fucking business" and added, "Try to fucking stop me."
The incident was reported to Dicato, who immediately positioned himself in front of the produce door. As appellant approached the produce door carrying the two cases of beer, Dicato told him that he could walk away if he put the beer down. Appellant responded, "I'll kill you, bitch. Get out of my way." Appellant dropped his head and shoulders and charged Dicato, hitting him in the chest with his head. Appellant dropped one of the 30 packs of beer in the process. Appellant also grabbed Dicato's shirt and caused him to hit the back of the wall. Following a scuffle, appellant was restrained and placed in handcuffs. The police subsequently arrived and arrested appellant.
We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, she filed an opening brief in which no issues were raised. On July 25, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received from appellant.
We have reviewed the record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 125-126.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
PERREN, J. We concur:
GILBERT, P.J.
COFFEE, J.
Kevin G. Denoce, Judge
Superior Court County of Ventura
Arielle Bases, under appointment by the Court of Appeal, for Appellant. No appearance for Respondent.