Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County, Los Angeles County Super. Ct. No. SA059930, Elden S. Fox, Judge.
James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
WOODS, J.
Terry J. Pascascio was charged by information with four counts of second degree robbery (Pen. Code, § 211). As to count 4, the information specially alleged he had personally used a firearm to commit the robbery (Pen. Code, § 12022.53, subd. (b)). The jury convicted Pascascio of counts 3 and 4 and found true the firearm use allegation as to count 4. The jury acquitted Pascascio of count 2, but deadlocked 10-2 in favor of guilt on count 1, and the trial court declared a mistrial as to that count. The People elected not to proceed on count 1, and the court dismissed it in furtherance of justice (Pen. Code, § 1385).
As to count 3, the trial evidence established Pascascio and a confederate approached Brandy Burris after she had opened the trunk of her car. Pascascio grabbed Burris’s dress, shoved what she believed to be a gun against her stomach, and demanded her car keys. Burris refused to surrender her keys; Pascascio ordered Burris to walk away from her car. Burris later returned to find her identification, purse, cellular telephones and other valuables missing from her car.
As to count 4, the trial evidence established Cathie Gonzalez encountered a stranger, Pascascio, in the lobby of her apartment building. When Gonzalez asked if Pascascio needed some assistance, he produced a gun, pointed it at her stomach and demanded money. Gonzalez showed Pascascio that her wallet contained no cash. Pascascio took Gonzalez’s identification and one of her credit cards and then fled.
In support of the defense theory of mistaken identity, Pascascio testified in his defense and denied participating in the robberies.
Following the jury verdicts, the trial court sentenced Pascascio to an aggregate term of 13 years in state prison, consisting of the lower term of two years on count 4, plus 10 years for the gun use enhancement, plus one year (one-third the middle term) on count 3. Pascascio received presentence custody credit of 537 days (467 actual days and 70 days of conduct credit). The court ordered Pascascio to pay a $600 restitution fine. A parole revocation fine was imposed and suspended pursuant to Penal Code section 1202.45.
Pascascio filed a timely notice of appeal. We appointed counsel to represent him on appeal. After an examination of the record, counsel filed an “Opening Brief” in which no issues were raised. On January 4, 2008, we advised Pascascio he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied Pascascio’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, 112-113; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: PERLUSS, P. J., ZELON, J.