Opinion
C081873
01-11-2017
THE PEOPLE, Plaintiff and Respondent, v. TYRAIL MITCHELL HUEY, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 15F3085)
This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124. In accordance with the latter, we will provide a summary of the offenses and the proceedings in the trial court.
On February 16, 2015, 17-year-old defendant Tyrail Mitchell Huey invaded the home of a disabled man (J.G.) and robbed him of personal property worth about $4,000. The victim is disabled due to cerebral palsy.
On June 3, 2015, defendant confronted the same victim in a park and demanded the fanny pack affixed to his wheelchair. The fanny pack contained the victim's cell phone, identification, bank cards, garage door opener, and keys. Defendant wrestled the pack away from the victim and fled. Defendant was caught by police a short time later.
The parties stipulated that defendant was unfit for juvenile proceedings pursuant to Welfare and Institutions Code former section 707, subdivision (d)(4). Defendant entered a negotiated plea of guilty to first degree robbery on February 16, 2015 (Pen. Code, § 212.5, subd. (a)) in exchange for dismissal of the remaining counts (criminal threats, second degree burglary, second degree robbery) and allegations (hate crimes) with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754.
Undesignated statutory references are to the Penal Code. --------
The court committed defendant for a diagnostic study. (§ 1203.03.) The evaluation report recommended that defendant be sentenced to prison.
On April 12, 2016, the court denied probation and sentenced the then 18-year-old defendant to state prison for the upper term of six years. The court ordered defendant to pay a $300 restitution fine, a $300 parole revocation restitution fine, and $4,456 in victim restitution. The court awarded 362 days of presentence custody credit.
Defendant appeals. He did not seek a certificate of probable cause. (§ 1237.5.)
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, supra, 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.
DISPOSITION
The judgment is affirmed.
NICHOLSON, Acting P. J. We concur: HULL, J. HOCH, J.