Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, No. SCD158144 David J. Danielsen, Judge.
McINTYRE, Acting P. J.
Leonardo P. Gomez entered a negotiated guilty plea to two counts of robbery (Pen. Code, § 211) and admitted he personally used a firearm in the commission of the offenses within the meaning of Penal Code section 12022.53, subdivision (b). The trial court sentenced Gomez to 13 years in prison—the middle term of three years for robbery in count 1 plus a consecutive 10-year enhancement for the personal use of a firearm. For count 2, the court imposed the same 13-year term for the robbery and the accompanying personal use of a firearm allegation to run concurrently.
FACTS
On February 2, 2001, Gomez robbed The Crypt, an adult bookstore. Gomez was armed with a pistol grip shotgun and threatened to shoot the store clerk and customers in the store.
On February 5, 2001, Gomez robbed another adult bookstore, the Adult World. Gomez, armed with a pistol grip shotgun, pointed the weapon at the face of the store clerk and then put the shotgun at the back of her head.
After Gomez was arrested and posted bail, he fled to Mexico. Upon his return to the United States approximately six years later, he used another individual's name and was arrested because there was an outstanding felony warrant for that person.
DISPOSITION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether Gomez was properly advised of his rights before he pled guilty; and (2) whether the sentence imposed by the trial court was consistent with the terms of the plea agreement.
We granted Gomez permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Gomez on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: O'ROURKE, J., IRION, J.