Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. NA077650 Charles D. Sheldon, Judge. Affirmed.
Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ZELON, J.
Tony Bracy was sentenced to state prison as a result of operating a “chop shop” where he bought and dismantled stolen vehicles. Following his release on March 6, 2008, Bracy was visiting the house of a friend, Holly Henderson, when a man knocked on the front door. Henderson invited the man inside and he produced a gun, which he used to strike Bracy in the face. He then ordered Bracy to lie on the floor and covered Bracy’s eyes and bound his wrists and ankles with duct tape. Two confederates arrived and helped the man search Bracy’s pockets, taking Bracy’s wallet, watch and other items. As the perpetrators were talking, Bracy recognized the voice of the man who had left a threatening telephone message that Bracy would be killed unless he returned a certain motorcycle. The perpetrators left the house, and Bracy was able to remove the duct tape. He went outside, saw the perpetrators searching his truck and fled. Bracy later contacted police. His truck was taken.
Roger Thomas Cash met with police voluntarily. During the interview, he told officers he believed Bracy had stolen his motorcycle. On the night of March 6, 2008, Cash saw Bracy’s truck parked outside Henderson’s house. Cash entered the house, saw Bracy and tackled him. Cash admitted he had bound Bracy with duct tape, before demanding payment of $20,000 as compensation for his stolen motorcycle. Cash also admitted he threatened to keep Bracy’s truck unless Bracy surrendered the motorcycle or the money.
At trial, Cash testified in his own defense that he had lied to police to protect his friend Damian Morales, who had telephoned him on March 6, 2008 from Henderson’s house. Cash arrived to find Bracy on the floor, bound in duct tape. Cash admitted he had demanded that Bracy return his motorcycle, but denied hitting Bracy or taking his truck or personal property.
Damian Morales, a codefendant in this case, is not a party to the appeal.
The jury convicted Cash of one count of home invasion robbery (Pen. Code, § 211) and one count of carjacking (Pen. Code, § 215, subd. (a)), with findings as to each count a principal in the commission of the offense was armed with a firearm. Cash was sentenced to concurrent terms of six years (the middle term) for home invasion robbery, plus one-year for the arming enhancement; and five years (the middle term) for carjacking, plus one-year for the arming enhancement. Cash received presentence custody credit of 181 days (158 actual days and 23 days of conduct credit). The court ordered Cash to pay a $20 security fee, a $200 restitution fine and $3,677 in victim restitution. A parole revocation fine was imposed and suspended pursuant to Penal Code section 1202.45.
Cash timely filed a notice of appeal. We appointed counsel to represent Cash on appeal. After examination of the record counsel filed an “Opening Brief” in which no issues were raised. On February 27, 2009, we advised Cash he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied Cash’s attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: WOODS, Acting P. J. JACKSON, J.