Opinion
2d Crim. No. B229854 Super. Ct. No. YA078400 Super. Ct. No. YA066716
12-21-2011
THE PEOPLE, Plaintiff and Respondent, v. CEDRIC ARTHUR FRANKLIN, Defendant and Appellant.
Michael W. Flynn, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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)
Cedric Arthur Franklin appeals a judgment of conviction of second degree robbery with a finding that he suffered two serious felony convictions (Case No. YA078400). (Pen. Code, §§ 211, 667, subd. (a).) Franklin also appeals the revocation of probation and imposition of sentence in Case No. YA066716 based upon the second degree robbery conviction.
All further statutory references are to the Penal Code.
On March 12, 2007, Franklin pleaded nolo contendere to two counts of assault with a firearm on a peace officer (Case No. YA066716.). (§ 245, subd. (d)(1).) On June 12, 2007, the court suspended imposition of sentence and granted Franklin three years of formal probation with terms and conditions. During the next three years, Franklin violated probation on several occasions. Each time the court revoked and then reinstated probation. On June 10, 2010, the court extended formal probation until December 13, 2010.
On September 1, 2010, the prosecutor filed an information charging Franklin with second degree robbery (Case No. YA078400). The prosecutor also alleged that Franklin suffered two prior serious felony strike convictions, alleged for recidivist sentencing and sentence enhancement. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667, subd. (a).) Prior to trial, the trial court struck the two strike convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 504.
The second degree robbery prosecution concerned Franklin's taking of groceries from a market without payment and his subsequent scuffle with a market security guard. Following a jury trial, the jury convicted him of second degree robbery. (§ 211.) In a bifurcated proceeding, Franklin admitted that he suffered two prior serious felony convictions pursuant to section 667, subdivision (a). Franklin also admitted that he violated the terms of his probation in Case No. YA066716 by committing the market robbery.
The trial court sentenced Franklin to a prison term of 10 years, consisting of three years for the second degree robbery, five years for the serious felony conviction enhancement, and two years for the probation violation and revocation. The court imposed a $200 restitution fine, a $200 suspended parole revocation restitution fine, and a $40 court security fee. (§§ 1202.4, subd. (b), 1202.45, 1465.8.) It awarded Franklin 191 days of presentence custody credit in Case No. YA078400 and 492 days of presentence custody credit in Case No. YA066716.
We appointed counsel to represent Franklin in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues.
On October 13, 2011, we advised Franklin that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response from him.
We have reviewed the entire record and are satisfied that Franklin's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
GILBERT, P.J.
We concur:
YEGAN, J.
COFFEE, J.
Victor L. Wright, Judge
Superior Court County of Los Angeles
Michael W. Flynn, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.