Opinion
NOT TO BE PUBLISHED
Appeal from the Superior Court of San Bernardino County, No. FSB041301, Bryan F. Foster, Judge.
Victoria Matthews, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ, P.J.
Defendant, Kenneth Miles, appeals from his conviction and nineteen-year prison sentence following a guilty plea.
Facts and Procedure
On June 30, 2003, defendant robbed a bank by presenting the bank teller with a check with the word “robbery” written on the back in large letters. The teller hesitated until defendant told her, “This is no joke. Give me the large bills.” Defendant also made a motion with his hand as if he had a gun and said something like, “Don’t make me shoot you.” The teller gave defendant the money from her drawer because she feared for her life.
On September 23, 2003, defendant robbed another bank by handing the bank teller a note with the word “robbery” written on it. The teller handed defendant the money because she was afraid.
On November 10, 2003, the People charged defendant in case number FSB041301with one count of second degree robbery (Pen. Code, § 211) and alleged that he had suffered five strike priors (§§ 1170.12, subds. (a)-(d) & 667, subds. (b)-(i) and four serious felony priors (§ 667, subd. (a)(1)).
All further section references are to the Penal Code unless otherwise indicated.
On December 4, 2003, the People charged defendant in case number FSB041686 with one count of second degree robbery and again alleged that he had suffered five strike priors and four serious felony priors.
The People filed an amended information on January 30, 2004, after the superior court granted the People’s request to consolidate the two above cases under case number FSB041301. The amended information was identical to the two previous informations except that it charged defendant with two counts of second degree robbery and alleged defendant had five serious felony priors rather than four.
Finally, on November 18, 2005, the people filed a second amended information charging defendant with two counts of second degree robbery and alleging that defendant had suffered five strike priors and four serious felony priors.
On February 9, 2006, the court held an in camera hearing on defendant’s Pitchess motion, but found no discoverable material.
Pitchess v. Superior Court (1974) 11 Cal.3d 531.
On March 13, 2009, defendant pled guilty to two counts of second degree robbery, and admitted one strike prior, one serious felony prior, and two prison priors. In exchange, the People stipulated to a sentence of nineteen years in prison.
On November 9, 2009, the court sentenced defendant as per the plea bargain as follows: ten years for one robbery (the upper term of five years doubled for the strike prior); a consecutive term of two years for the other robbery (one-third the middle term of three years doubled for the strike prior); plus five consecutive years for the serious felony prior and one consecutive year each for the two prison priors. Defendant also received 2, 224 days of actual credit plus 333 days of conduct credit for a total of 2, 557 days of credit.
Defendant filed a notice of appeal on November 1, 2009. He filed an amended notice of appeal and request for certificate of probable cause on November 20, 2009. The trial court denied the request on December 2, 2009.
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, which he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
Disposition
The judgment is affirmed.
We concur: RICHLI J., KING J.