Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Santa Clara County Super. Ct. No. CC624290
McAdams, J.
Defendant Howard Lawrence Portis was charged in Santa Clara County with robbery in the second degree (Pen. Code, §§ 211/212.5, subd. (c)). It was further alleged that he was armed with a handgun (§ 12022, subd. (a)(1)). Four prior “strike” convictions within the meaning of sections 667, subdivisions (b)-(i) and 1170.12 were also alleged, as well as two prior serious felony convictions within the meaning of section 667, subdivision (a) and three prison priors within the meaning of section 667.5, subdivision (b).
All further statutory references are to the Penal Code.
On September 7, 2007, defendant entered a plea of guilty to the robbery charge and admitted the handgun allegation and all prior conviction allegations. It was understood that prior to sentencing he would file a Romero motion to dismiss pursuant to section 1385.
People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
On April 25, 2008, the court heard and denied the Romero motion. The prosecution did move to dismiss one strike prior as erroneously charged based on incorrect information. The court then sentenced defendant to serve a total of 25 years to life consecutive to 14 years (25 years to life for the robbery; one year consecutive for the armed allegation; consecutive one year terms for each of the three prison priors; and consecutive five year terms for each of the two prior serious felonies).
Defendant filed a timely notice of appeal, based upon the sentence or other matters occurring after the plea.
Because defendant entered pleas of guilty, the factual summary is drawn from the motions and the probation report.
On January 26, 2006, defendant and two others were involved in the robbery of a check cashing store in Milpitas. Defendant drove the car there with the others and waited. The two codefendants entered the business, confronted the sole employee, a woman who was seven months pregnant, forced her to the ground while threatening her with a knife, and took money from the cash drawers. Demanding more money, they grabbed her by the hair and dragged her into a back room with the knife placed on the back of her neck. They seized her purse and a surveillance video recorder and fled.
In February, while defendant was in custody in San Joaquin facing various charges including domestic violence offenses, his wife reported to the Stockton Police Department and later to Santa Clara County authorities that her husband may have been involved in a Milpitas credit union or check cashing store robbery with others. When interviewed, defendant acknowledged his involvement in planning the robbery and acting as the driver. He provided details of the incident to the officers, including information about the other participants. He also admitted possessing a handgun during the crime.
Defendant suffered three prior strike convictions: rape (Contra Costa County, 1991); sodomy by force (Contra Costa County, 1991); rape (Santa Clara County, 1983). In addition, the two rape convictions qualified as prior serious felonies under section 667, subdivision (a). Defendant also had three prior convictions that qualified as prison priors under section 667.5, subdivision (b): the sodomy charge; possession of cocaine for sale (Santa Clara County, 1990); unlawful sexual intercourse (Santa Clara County, 1983).
DISCUSSION
We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues. We have notified defendant of his right to submit written argument in his own behalf within 30 days. The period has elapsed and we have received no written argument from defendant.
Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record, and we have concluded that there is no arguable issue on appeal. (See also People v. Kelly (2006) 40 Cal.4th 106, 124.)
DISPOSITION
The judgment is affirmed.
WE CONCUR: Bamattre-Manoukian, Acting P.J. Duffy, J.