Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County, No. KA09020 Tia Fisher, Judge.
Brandie Devall, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
WOODS, J.
On two different days, Sally Martinez entered a grocery store in Pomona, removed cosmetics from the shelves, and left the store without paying for them. Martinez was arrested when she returned to the store on June 21, 2010. The value of the cosmetics Martinez took on June 17, 2010, was $419 and on June 19, 2010, was $79.84.
Martinez was charged in an information with three counts of commercial burglary (Pen. Code, § 459) (counts 1, 3 and 5), one count of grand theft of personal property (§ 487, subd. (a)) (count 2), and one count of petty theft with a prior-theft-related offense (§ 666) (count 4). The information specially alleged Martinez had suffered five prior serious or violent felony convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).
Statutory references are to the Penal Code.
Martinez waived her jury trial rights, and after a bench trial, the court convicted her on all counts and found the enhancement allegations true. On the prosecution’s motion, the trial court dismissed counts 2 and 4, as well as the prior strike conviction for residential burglary. What remained were the three counts of commercial burglary and the four prior strike convictions for robbery.
At sentencing, the trial court granted Martinez’s motion to dismiss all but one of the remaining prior strike convictions for robbery (People v. Superior Court (Romero) (1996) 13 Cal.4th 49). The court sentenced Martinez to an aggregate state prison term of eight years, eight months consisting of the upper term of six years (the three-year upper term doubled under the Three Strikes law) for commercial burglary (count 1), a consecutive term of 16 months (one-third the middle term doubled) for commercial burglary (count 3), and a consecutive term of 16 months for commercial burglary (count 5).
The court ordered Martinez to pay a $40 security assessment, a $30 criminal conviction assessment and a $200 restitution fine. The court imposed and suspended a parole revocation fine pursuant to section 1202.45. Martinez was awarded 266 days of custody credit (178 actual days and 88 days of conduct credit).
Martinez filed a timely notice of appeal. We appointed counsel to represent Martinez on appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. On April 22, 2011, we advised Martinez that she had 30 days within which to personally submit any contentions or issues she wished us to consider. On May 5, 2011, we received a handwritten letter in which Martinez claimed, she “never consented” to a six-year sentence, she did not have a prior strike for residential burglary (which was dismissed in this case), and she “did not ask for a fast & speedy trial.”
We have examined the entire record and are satisfied Martinez’s attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: PERLUSS, P. J., ZELON, J.