Opinion
B231095
09-27-2011
THE PEOPLE, Plaintiff and Respondent, v. RENE HERNANDEZ, Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. VA112808) THE COURT:
BOREN, P. J., DOI TODD, J., ASHMANN-GERST, J.
Appellant Rene Hernandez appeals from the judgment entered following his plea of no contest to second degree robbery in violation of Penal Code section 211, a felony. Pursuant to the plea agreement, the trial court imposed a term of 19 years in state prison, and dismissed two felony counts of assault with a deadly weapon and possession of a firearm. The court selected the low term of two years, which was doubled under the "Three Strikes" Law, and added 10 years for use of a firearm (Pen. Code, § 12022.53, subd. (b)), and five years for appellant's prior robbery conviction (Pen. Code, § 667, subd. (a)(1)). The court ordered appellant to pay $28,488 in restitution.
We appointed counsel to represent appellant on this appeal. After examination of the record, counsel filed an "Opening Brief in which no arguable issues were raised. On June 24, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.
The record contains the following evidence: On the morning of April 3, 2009 Hector Canino, who owned a seafood business, placed a money bag containing about $98,000 in cash and checks in the back of his truck. Appellant approached Canino on the sidewalk and tried to sell him some socks. Canino, who had given appellant $5 the prior week, refused. Appellant stuck a gun underneath Canino's neck, pushed him back against a wall, demanded the money bag, and took Canino's keys. Two other men approached, broke the back window of Canino's truck, and took the money bag. When Canino's employees came out to help him, one of the two men pointed a gun at them. The three men fled and got into a blue Nissan car. When Canino started running after the Nissan, appellant fired three shots at him.
We have examined the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.