Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. CC753856
Premo, J.
Defendant Juan Luna pleaded guilty or no contest to 14 felonies: nine counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)), one count of carjacking (§-215), one count of assaulting a peace officer (§ 245, subd. (c)), one count of possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a)), one count of felony false imprisonment (§§-236, 237), and one count of possessing a sawed-off shotgun (§ 12020, subd. (a)(1)). Defendant admitted gang enhancements associated with each count except the possession count (§-186.22, subd. (b)(1)(A), (B), (C)) and admitted the vicarious arming allegations alleged in connection with two of the robbery counts (§-12022.53, subd.-(b)). The trial court dismissed for insufficient evidence four other second degree robbery counts and two counts of kidnapping. The court also struck the gang enhancement alleged in connection with the carjacking in the interests of justice. The-court sentenced defendant to an agreed-upon 31 years and eight months in prison. Defendant was awarded 489 days of custody credit.
Further code references are to the Penal Code.
We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We-notified defendant of his right to submit written argument in his own behalf within 30-days. That period has elapsed and we have received no written argument from defendant.
I. BACKGROUND
Defendant and several co defendants robbed a number of convenience stores in December 2006 and January 2007. According to the probation report, one such robbery occurred on December 13, 2006, at around 11:45 p.m. Defendant and four co defendants entered a liquor store. Two of the robbers pointed a handgun at the only store employee while the others removed around $400 from the cash register and took other items from the store. The employee was then taken to a storage area and bound with zip ties. She was not injured. The eight other robberies were committed in a similar manner and, in one, defendants drove away in the victim’s truck.
II. DISCUSSION
Defendant did not request a certificate of probable cause, which is required by section 1237.5 when a defendant seeks to appeal from a judgment entered following a guilty or no contest plea. (§ 1237.5, subd. (a).) The certificate is not required where, as here, the notice of appeal states that it is based upon grounds that arose after entry of the plea and do not affect the plea’s validity. (Cal. Rules of Court, rule 8.304(b)(4).) Accordingly, we have reviewed the record pursuant to People v. Wende (1979) 25 Cal.3d 436, to ascertain if there is an arguable issue for appeal relating to grounds that arose after entry of the plea, including the sentence imposed. We conclude that, based upon the record before us, there is no arguable issue on appeal.
III. DISPOSITION
The judgment is affirmed.
WE CONCUR: Rushing, P.J., Elia, J.