Opinion
H043188
01-30-2017
THE PEOPLE, Plaintiff and Respondent, v. SCOTT DAVIS CULP, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. C1358340)
Defendant Scott Davis Culp appeals from a judgment entered upon his guilty plea to 11 counts of second degree robbery (Pen. Code, §§ 211-212.5, subd. (c)) and one count of attempted second degree robbery, all committed at various businesses in the San Jose area. Defendant also admitted an allegation that he used a firearm in the commission of nine of the counts. In his plea agreement he acknowledged that the maximum sentence he could receive was 49 years, and that the court had indicated a nonbinding sentence of 20 years.
As recommended by the probation officer, defendant was sentenced to a total term of 19 years 4 months in prison. In addition, defendant was ordered to pay restitution to the victims, including Patelco Credit Union ($1,184) and Wells Fargo Bank ($760) in connection with counts 2 and 12, respectively, along with various fines and fees. Defendant filed a timely notice of appeal confined to sentencing or other post-plea matters.
The sentence consisted of the aggravated term of 5 years for count 1, based on defendant's "lengthy criminal history, the nature of the crime, and separate victims." An additional term of 10 years was imposed under Penal Code, section 12022.53. On count 4, defendant received a consecutive one-year term along with 3 years 4 months (one third the midterm) for the enhancement. Nine other counts resulted in aggravated five-year terms to run concurrently with count 1, while the attempted robbery resulted in an aggravated sentence of three years, also concurrent. --------
Appointed appellate counsel has filed an opening brief that states the factual and procedural history of the case but raises no issues. We notified defendant of his right to submit written argument on his own behalf within 30 days. That 30-day period has elapsed and we have received no response from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
/s/_________
ELIA, ACTING P.J. WE CONCUR: /s/_________
BAMATTRE-MANOUKIAN, J. /s/_________
MIHARA, J.