Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Contra Costa County Super. Ct. No. 070828-9
Ruvolo, P. J.
Appellant Orlando Raymond Griffin, Jr. (appellant) appeals from an agreed sentence of seven years in state prison he received as a result of his plea of no contest to one count of second degree robbery, and his admission of a firearm use enhancement. Appellant’s counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. Counsel has declared that appellant was notified that no issues are being raised by counsel on appeal and that an independent review under Wende instead is being requested. Appellant was also advised of his right personally to file a supplemental brief raising any issues he chooses to bring to this court’s attention. No supplemental brief has been filed by appellant personally.
Appellant was charged by criminal information filed by the Contra Costa County District Attorney’s Office on June 6, 2007, with two counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)), and one count of being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)). The information also alleged that appellant used a firearm in the commission of the robberies, within the meaning of Penal Code section 12022.53, subdivision (b). A not guilty plea was entered on June 11. Trial was set to commence on July 23.
All further dates are in the calendar year 2007, unless otherwise indicated.
The case was trailed for trial on July 23, and on that day the court heard and denied a motion brought by appellant under People v. Marsden (1970) 2 Cal.3d 118 (Marsden). The following day, while the case was still trailing for trial, appellant made a second Marsden motion, which was denied.
The case was sent to a different department for trial on July 25, at which time appellant made a third Marsden motion, which was also denied. Upon that denial, appellant indicated that he wished to represent himself if the court was unwilling to give him substitute counsel. That request was subsequently withdrawn.
Appellant then entered a change of plea of no contest to one count of second degree robbery, and he admitted the sentencing enhancement allegation that he used a firearm during the commission of the robbery. A written “Advisement of Rights, Waiver and Plea Form” was initialed and signed by appellant indicating that he understood each of the rights he was waiving by pleading guilty. He also acknowledged that, as a result of his guilty plea he would be sentenced to seven years in state prison with credit for 137 actual days in custody. Appellant’s counsel also signed the form indicating that he had similarly advised appellant of his rights, and also stipulated that there was a factual basis for the plea. The plea was taken on the record in open court, and appellant was sentenced to seven years in state prison, less credits, as agreed.
Upon our independent review of the record, we conclude there are no meritorious issues to be argued, or that require further briefing on appeal. We discern no error in the sentencing. The refusals to grant appellant’s Marsden motions were consistent with applicable law, and were supported by substantial evidence. At all times appellant was represented by counsel.
DISPOSITION
The judgment is affirmed.
We concur: Reardon, J., Rivera, J.