Opinion
Court of Appeal No. B203809
10-29-2008
THE PEOPLE, Plaintiff and Respondent, v. ROBERT MARTIN LOPEZ, Defendant and Appellant.
Elisa A. Brandes, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Not to be Published
On December 14, 2006, appellant Robert Martin Lopez was arrested for a murder alleged to have occurred in 1984. On the day of his arrest, police officers executed search warrants at his home and at the home of his ex-wife, with whom he frequently stayed. The officers recovered a loaded handgun at each of the two locations.
At the preliminary hearing on April 10, 2007, the trial court dismissed the murder charges for lack of sufficient evidence, and it ordered appellants release.
Upon his release, appellant was immediately rearrested on charges of possession of a firearm by a felon (count one) and possession of ammunition in violation of the Penal Code (count two). The prosecution filed a felony complaint charging appellant with those offenses and alleging appellant had suffered one prior conviction for first degree burglary.
Appellant pleaded guilty to the new charges. He requested that the trial court strike his prior conviction in furtherance of justice. (See People v. Romero (Romero) (1996) 13 Cal.4th 497, 529-530.) The trial court granted the request. The court sentenced appellant to a total term of two years eight months, consisting of the midterm of two years on count one and to a consecutive term of eight months on count two. The court imposed a restitution fine of $200, a parole revocation fine of an equal amount, which was stayed, and a court security fine of $20.
Appellant filed a motion asking for presentence custody credit under section 4019 from the date he was arrested for the dismissed murder charge, rather than the date of arrest for the current charges. The trial court denied appellants motion. The court awarded appellant presentence custody credits beginning April 10, 2007 (the date he was arrested on the present charges) through the day of the sentencing hearing. Appellant received actual custody credit of 169 days and section 4019 credit of 84 days, a total credit of 253 days.
Appellant filed the instant appeal, and we appointed counsel to represent him. After examination of the record, counsel filed an "Opening Brief" raising no issues and requested this court to independently review the entire record on appeal to ascertain if there are arguable issues. We informed appellant on June 17, 2008, that he had 30 days to personally submit any contentions or issues which he wished us to consider. To date, we have received no such response from appellant.
We have examined the entire record, and we are satisfied that appellants attorney has fully complied with her responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur:
COOPER, P. J.
RUBIN, J. --------------- Notes: All further statutory references are to the Penal Code.