Opinion
B190550
12-11-2006
THE PEOPLE, Plaintiff and Respondent, v. ANDRES C. GARCIA, Defendant and Appellant.
John D. OLoughlin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.
On August 23, 2005, in case no. NA067017, a complaint was filed in the Los Angeles Superior Court, charging appellant with second degree burglary (Pen.Code § 459; count I) and grand theft (§ 487, count II) On August 30, 2005, appellant entered a guilty plea to count I; count II was dismissed. Appellant was granted probation on the condition that he serve eighteen days in jail with credit for 18 days.
On November 15, 2005, in case no. NA067502, an information was filed in the Los Angeles Superior Court, charging appellant with attempted robbery (§ 664/211), with an allegation that the appellant used a firearm in the commission of the offense, assault with a semiautomatic firearm (§ 245, subd (b); count II), and being a felon in possession of a firearm (§ 12021, subd (a)(1), count III). Appellant pled not guilty and denied the special allegation. In case no. NA067017, probation was revoked and a probation violation hearing was trailed behind the disposition in case no. NA067502.
On March 6, 2006, a jury trial commenced, the Honorable Mark Kim, judge presiding. On March 9, 2002, appellant was found guilty on count I. The jury was unable to reach a verdict on the firearm allegation or on counts II and III. The court found appellant to be in violation of his probation in case no. NA067017.
On April 11, 2006, appellant entered into a negotiated disposition of the case. The information filed was amended to allege that appellant had used a firearm, within the meaning of section 12022.5, subd. (a) Appellant was sentenced to a term of five years in prison. Counts I and III were dismissed.
Probation was denied in case no. NA067502, and appellant was sentenced to the low term of two years, with an additional three years pursuant to section 12022.5, subd. (a), with credit for 207 days of presentence custody. Restitution and parole fines of $1,000 and a $20 court security fee were imposed. Probation was terminated in case no. NA067017 and appellant was sentenced to a concurrent two year mid-term with credit for 225 days of presentence custody.
Appellant filed a timely notice of appeal.
We appointed counsel to represent defendant on appeal. After examination of the record, counsel filed an "Opening Brief" in which no issues were raised. Instead, appointed appellate counsel requested we independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. We have examined the entire record and are satisfied that defendants attorney has fully complied with her responsibilities and no argument exists favorable to defendant in the appeal. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Wende, supra, 25 Cal.3d at p. 441.)
On August 16, 2006, we advised defendant he had 30 days within which to personally submit any contentions he wishes us to consider. No response has been received to date.
We have examined the entire record and are satisfied that no arguable issues exist and that appellant has, by virtue of counsels compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins, supra, 528 U.S. 259, 278.)
The judgment is affirmed.
We Concur:
RUBIN, J.
FLIER, J. --------------- Notes: All further statutory references are to the Penal Code.