From Casetext: Smarter Legal Research

People v. Case

California Court of Appeals, Fourth District, First Division
Nov 19, 2007
No. D050720 (Cal. Ct. App. Nov. 19, 2007)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. RICHARD ALLEN CASE, Defendant and Appellant. D050720 California Court of Appeal, Fourth District, First Division November 19, 2007

NOT TO BE PUBLISHED

Appeal from a judgment of the Superior Court of San Diego County, Super. Ct. No. 203123, David J. Danielsen, Judge.

NARES, J.

Richard Allen Case entered a negotiated guilty plea to two counts of robbery (Pen. Code, § 211) and admitted a strike (§ 667, subds. (b)-(i)) and a serious felony prior conviction (§ 667, subd. (a)). The court sentenced him to a stipulated 11-year prison term: four years (twice the lower term) for one robbery, two years (one-third the middle term, doubled) for the second robbery, and five years for the serious felony prior. Case appeals. We affirm.

Statutory references are to the Penal Code.

BACKGROUND

On October 24, 2006, Case robbed a Wells Fargo Bank teller. On November 4 he robbed a Union Bank teller.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists, as possible but not arguable issues, (1) whether Case's guilty plea is constitutionally valid and whether any issues related to the validity of the plea can be raised on direct appeal; (2) whether the court abused its sentencing discretion and whether the 11-year prison sentence is unauthorized or unconstitutional.

We granted Case permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Case has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McCONNELL, P. J., IRION, J.


Summaries of

People v. Case

California Court of Appeals, Fourth District, First Division
Nov 19, 2007
No. D050720 (Cal. Ct. App. Nov. 19, 2007)
Case details for

People v. Case

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. RICHARD ALLEN CASE, Defendant and…

Court:California Court of Appeals, Fourth District, First Division

Date published: Nov 19, 2007

Citations

No. D050720 (Cal. Ct. App. Nov. 19, 2007)