Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 06F10986
BUTZ, J.On November 14, 2006, Calvin Luckett and James Robinson, armed with guns, approached the victims to rob them of their property. Luckett pointed his weapon at Saxton Rogers and took his watch, money, and a small amount of marijuana. Meanwhile, Robinson pistol-whipped Joseph Castillo and escorted him into his home where Castillo obtained his own gun from a closet shelf and fatally shot Robinson.
Defendant, Jermain Giles, had provided Luckett and Robinson with vital information concerning the victims’ property, as well as a car to use to travel to the victims’ home and encouragement to commit the robbery. In 2002, defendant had been convicted of and served a prison term for a felony violation of Penal Code section 273.5, subdivision (a).
Undesignated statutory references are to the Penal Code.
Defendant entered a negotiated plea of no contest to second degree robbery of Rogers (§ 211) and admitted that a principal was armed with a firearm during the commission of the offense (§ 12022, subd. (a)(1)) and that he had sustained a prior prison term (§ 667.5, subd. (b)), in exchange for dismissal of the remaining counts and allegations, and a stipulated state prison term of seven years. The court sentenced defendant accordingly; that is, the upper term of five years for the offense plus one year each for the arming enhancement and the prior prison term enhancement. Defendant was ordered to pay a restitution fine of $700 (§ 1202.4, subd. (b)), a $700 parole revocation restitution fine that was suspended unless parole is revoked (§ 1202.45), a theft fine of $10 (§ 1202.5, subd. (a)), a court security fee of $20 (§ 1465.8, subd. (a)(1)), a $213.37 main jail booking fee, and a $23.50 jail classification fee. Defendant was ordered to make restitution to the victim and was awarded a total of 978 days of presentence credits (851 actual days and 127 conduct days).
Defendant appeals. He did not seek or obtain a certificate of probable cause. (§ 1237.5.)
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: RAYE, Acting P. J. CANTIL-SAKAUYE, J.