From Casetext: Smarter Legal Research

People v. Chavez

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Mar 26, 2012
E054204 (Cal. Ct. App. Mar. 26, 2012)

Opinion

E054204

03-26-2012

THE PEOPLE, Plaintiff and Respondent, v. ANTHONY STEVEN CHAVEZ, Defendant and Appellant.

John L. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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. SWF10001435)


OPINION

APPEAL from the Superior Court of Riverside County. Edward D. Webster, Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6, of the Cal. Const.) Affirmed.

John L. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

A jury found defendant and appellant Anthony Steven Chavez guilty of robbery. (Pen. Code, § 211.) In a bifurcated proceeding, the trial court found true that defendant had suffered one prior prison term (Pen. Code, § 667.5, subd. (b)), two serious prior felony convictions (Pen. Code, § 667, subd. (a)), and two prior strike convictions (Pen. Code, §§ 667, subds. (c), (e)(2)(A), 1170.12, subd. (c)(2)(A)). After the trial court struck one of defendant's prior strike convictions, it sentenced defendant to a total term of 21 years in state prison with credit for time served. Defendant appeals from the judgment. We find no error and will affirm the judgment.

FACTUAL BACKGROUND

On July 1, 2010, at approximately 3:20 p.m., defendant approached a teller station at a Bank of America in Lake Elsinore and exclaimed, '"I have a gun. Give me all your money and don't push any buttons.'" The teller, scared and nervous, pushed the alarm button. Defendant handed the teller a note, and kept repeating "'don't push any buttons'" and "'I have a gun.'" The teller handed defendant $180. After defendant exited the bank, the teller informed her supervisor that she had been robbed.

A surveillance videotape was played for the jury at the time of trial. The teller identified defendant and herself in the videotape.

Following a police investigation, defendant was found at a motel in Lake Elsinore, near the Bank of America, on July 2, 2010. Defendant was arrested and his motel room was searched. Police discovered a shirt and hat matching the items worn by the suspect in the surveillance video, as well as "$27 and some change in cash." Defendant admitted to robbing the bank.

DISCUSSION

Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts, potential arguable issues, and requesting this court to conduct an independent review of the record.

We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ

P. J.

We concur:

KING

J.

CODRINGTON

J.


Summaries of

People v. Chavez

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Mar 26, 2012
E054204 (Cal. Ct. App. Mar. 26, 2012)
Case details for

People v. Chavez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ANTHONY STEVEN CHAVEZ, Defendant…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

Date published: Mar 26, 2012

Citations

E054204 (Cal. Ct. App. Mar. 26, 2012)