Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County Nos. FSB700734 & FSB704628. Bryan Foster, Judge.
Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ P.J.
In case number FSB700734 defendant, Danny Guzman, pled guilty to attempting to unlawfully drive a vehicle. (Pen. Code, § 664/Veh. Code, § 10851, subd. (a).) Probation was granted, but was later revoked, following defendant’s admission that he had violated its terms. Defendant was sentenced to an eight month term, to run concurrently with the time imposed on case number FSB704628. In that case, defendant pled guilty to second degree robbery (Pen. Code, § 211), and admitted that he had used a knife during the crime (§ 12022, subd. (b)(1)) and committed it to benefit a street gang (§ 186.22, subd. (b)(1)(B)). Following the denial of his motion to withdraw his plea, he was sentenced to the agreed-to term of eight years.
Appellate counsel for defendant erroneously refers to this case as FSB700374 throughout his brief.
All further statutory references are to the Penal Code unless otherwise indicated.
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues. Therefore, we affirm the judgment, while directing the trial court to correct errors in the abstract of judgment and minutes of the sentencing hearing.
Facts
When defendant pled to the attempted unlawful driving of a vehicle, the prosecutor and defense counsel stipulated that if the court were to read the complaint and/or police reports, it/they would provide a factual basis for the plea. The complaint alleges only that defendant attempted to unlawfully drive a vehicle on March 12, 2007. The police reports are not part of the record before this court. Therefore, there are no additional facts to include in this opinion.
As to the robbery case, FSB704628, on November 13, 2007, defendant, who was a member of the Westside Verdugo gang, robbed the victim at knifepoint for the benefit the gang.
Discussion
The court below held an evidentiary hearing concerning defendant’s motion to withdraw his plea in the robbery case. Defendant and the attorney who represented him at the time he entered his plea testified. As noted above, the trial court denied the motion. Its ruling is supported by substantial evidence and did not constitute an abuse of discretion.
We have concluded our independent review of the record and find no arguable issues.
Disposition
The trial court is directed to amend the abstract of judgment and minutes of the sentencing hearing in the robbery case to show that it ordered restitution to the victim in the amount of $81, rather than $281, as these two documents currently state. In all other respects, the judgments are affirmed.
We concur: RICHLI J., MILLER J.