Opinion
E070355
10-02-2018
THE PEOPLE, Plaintiff and Respondent, v. JEFF JACKSON, Defendant and Appellant.
Patricia Ihara, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. 16CR018673) OPINION APPEAL from the Superior Court of San Bernardino County. Colin J. Bilash, Judge. Affirmed. Patricia Ihara, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant Jeff Jackson is serving 15 years in prison after pleading no contest to second degree robbery and admitting a strike prior and a serious felony prior. We affirm.
FACTS AND PROCEDURE
On the evening of April 25, 2016, defendant entered a gas station market and briefly made small talk with the clerk. He then said to the clerk, "Come here. If you don't want any problems, open the drawer and give me the money." The clerk did not see defendant holding a weapon, but opened the cash drawer because she feared for her safety because of what defendant said. Defendant pulled about $50 in cash out of the drawer and fled.
On May 12, 2016, the People filed a felony complaint alleging defendant committed two counts of second degree robbery (Pen. Code, § 211) one on April 10, 2016 and the other on April 25, 2016. The complaint further alleged defendant had two prior convictions, each of which qualified as a strike prior. (§§ 1170.12, subds. (a)-(d) & 667, subds. (b)-(i).)
All further section references are to the Penal Code except where otherwise indicated. --------
On February 8, 2018, defendant pled no contest to one count of robbery and admitted one of the strike priors and a serious felony prior. (§ 667, subd. (a)(1).) Defendant agreed to a 15-year sentence, calculated as follows: the upper term of five years for the robbery, doubled to 10 years for the strike prior, plus five years for the serious felony prior. Defendant also agreed to 670 days of actual credit and 100 days of conduct credit, for a total credit of 770 presentence days. The court sentenced defendant pursuant to the plea agreement on the same day.
This appeal followed. The trial court granted defendant's request for a certificate of probable cause.
DISCUSSION
After 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, 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 defendant an opportunity to file a personal supplemental brief, but he has not done so. We have examined the entire record and are satisfied that no arguable issues exist, and that defendant has, by virtue of counsel's compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (People v. Kelly (2006) 40 Cal.4th 106.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J. We concur: SLOUGH
J. FIELDS
J.