Opinion
B229803
10-31-2011
THE PEOPLE, Plaintiff and Respondent, v. JUAN S. CASAS, Defendant and Appellant.
Suzann E. Papagoda, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. KA090390)
APPEAL from a judgment of the Superior Court of Los Angeles County. Charles E. Horan, Judge. Affirmed.
Suzann E. Papagoda, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Juan S. Casas was charged with second degree robbery (Pen. Code, § 211; all statutory references are to the Penal Code unless indicated otherwise), with the allegation that he personally used a handgun within the meaning of section 12022.53, subdivision (b). The charges arose from an incident when Casas and another person stole tickets to a rave concert from a person who was selling them through Craigslist. During the robbery, Casas showed the victim that he had a gun tucked into his waistband and told his accomplice to "tell that bitch to give me the tickets."
Defendant pleaded not guilty to the charge and denied the gun allegation. He was convicted by a jury. After observing that defendant had two prior felony and eight prior misdemeanor convictions, the trial court denied probation and sentenced him to the middle term of three years, plus ten years for using a gun. He was given 275 days of presentence custody credit and was ordered to pay a restitution fine of $200 (§ 1202.4); a parole revocation restitution fine of the same amount, which was stayed (§ 1202.45); a $40 court security fee (§ 1465.8); a $30 criminal conviction assessment (Gov. Code, § 70373), and a $40 fine (§ 1202.5; see People v. Castellanos (2009) 175 Cal.App.4th 1524, 1528-1531). Defendant was ordered to provide biological samples. (§ 296.)
Defendant filed a timely appeal and we appointed counsel to represent him. After examination of the record, appointed counsel filed an opening brief raising no issues and asking this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436, 441-442.) On August 9, 2011 we sent letters to defendant and to appointed counsel, directing counsel to immediately forward the appellate record to defendant and notifying defendant that within 30 days he could personally submit any contentions or issues that he wished us to consider. To date, defendant has not responded.
We have examined the entire record and are satisfied that defendant's appointed counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109-110; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED.
CHANEY, J. We concur:
ROTHSCHILD, Acting P. J.
JOHNSON, J.