Opinion
NOT TO BE PUBLISHED
Super. Ct. No. SF108762A
HULL, J.On May 4, 2008, defendant Freddie Lee Moore, Jr., robbed an employee of Hot Dog on a Stick, while the employee was depositing the business’s daily earnings at an ATM. He pointed a handgun at her stomach and told her to give him the bag of money. She did and defendant ran away with the money. The bag contained over $1,000. A few days later, defendant went into a market, apparently to buy a drink. He placed the drink on the counter, shot the clerk in the face with a BB gun, and told the clerk to open the register and give him the money. The clerk did and defendant ran away with the money. On May 25, 2008, defendant entered a store, pointed a stun gun toward the victim, discharged it, and told her to, “[G]ive me what you got.” The clerk walked to the register with defendant following her and gave him $100 from the register drawer. Defendant took the money, stunned the clerk and ran. Later that day, defendant and a codefendant approached Frank Silva at the Boys & Girls Club, placed a hard object in the back of his neck and the codefendant said, “Don’t make a scene. Give me everything you got.” Silva dropped his keys and defendants grabbed the keys and ran.
Defendant was charged with one count of first degree robbery (Pen. Code, § 211; further undesignated statutory references are to the Penal Code), attempted second degree robbery (§§ 664/211), assault with a deadly weapon (§ 245, subd. (a)(1)), 14 counts of second degree robbery (§ 211), and assault with a stun gun or Taser (§ 244.5, subd. (b)). There were also allegations defendant had personally used a pellet gun and a stun gun (§ 12202, subd. (b)(1)), that the offenses were serious felonies and that defendant had suffered three prior petty theft convictions and served three prior prison terms. (§ 667.5, subd. (b).)
Pursuant to a negotiated plea, defendant pleaded guilty to first degree robbery, assault with a deadly weapon and three counts of second degree robbery. He admitted the enhancement allegations of personal use of a pellet gun or stun gun as to those counts. Defendant also admitted two of the prior prison term counts. The remaining counts and enhancements were dismissed with a Harvey waiver. (People v. Harvey (1979) 25 Cal.3d 754.) In accordance with the negotiated plea, defendant was sentenced to an aggregate term of 13 years 8 months in prison, various fines and fees were imposed. Defendant did not obtain a certificate of probable cause, and now appeals.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Counsel sent a letter to the trial court requesting a correction of the abstract of judgment with respect to the delineation of a portion of the fees imposed. These corrections have been made in the trial court and an amended abstract prepared. Accordingly, there is no action we need take on this point. Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
Disposition
The judgment is affirmed.
We concur: SIMS, Acting P. J., CANTIL-SAKAUYE, J.