Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 04F11156
CANTIL-SAKAUYE, J.
A jury convicted defendant Tommy Ray Harper of second degree robbery and the court imposed the middle term of three years in state prison. The court also imposed restitution fines of $600 in accordance with Penal Code sections 1202.4 and 1202.45.
FACTS
During the late evening hours of December 16, 2004, Robert Tobin was sitting with Lani Chann in her white Honda Accord when two men opened the door, grabbed both Tobin and Chann by the neck and threatened to shoot Tobin if he turned and looked at them. The assailants got into the Honda’s backseat and ordered Tobin to give them his wallet and keys, which he did. The men then ordered Tobin out of the car and made Chann drive off. Tobin ran around the corner and immediately called the police.
Chann was also charged with robbery of Tobin.
Deputy Sheriff Robert French, who had received a call describing the robbery and the Honda, observed a white Honda which was being driven by Chann and had two males as passengers, one of whom was later identified as defendant. French followed the Honda to a Wells Fargo Bank where he saw Chann and defendant walk arm-in-arm to an ATM machine. After a couple of minutes, Chann and defendant got back into the car and drove off. French stopped the Honda and searched it. French found Tobin’s wallet and car keys; however, Tobin’s Wells Fargo ATM card and his driver’s license were missing.
Defendant rested without calling any witnesses.
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 elapsed, and we 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.
The judgment is affirmed.
We concur: BLEASE, Acting P.J., BUTZ, J.