Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. RIF10001765, Gordon R. Burkhart, Judge.
Victoria Matthews, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
MILLER, J.
Defendant and appellant Derrick Jerome Pouchie appeals following a guilty plea. We affirm.
FACTUAL AND PROCEDURAL HISTORY
Defendant was charged with the following offenses: count 1, carjacking (Pen. Code, § 215, subd. (a)); counts 2 and 5, robbery (§ 211); count 3, theft of a vehicle (Veh. Code, § 10851, subd. (a)); count 4, receiving a stolen vehicle (Pen. Code, § 496d, subd. (a)). It was further alleged defendant had a prior serious felony that qualified as a strike. (Pen. Code, §§ 667, subd. (a), 667 (c)&(e)(1), 1170.12, subd. (c)(1).)
Testimony presented by a responding police officer at the preliminary hearing indicated defendant arranged to meet one of three victims, John, at a restaurant, because John had agreed to purchase a vehicle from defendant for $2,800. The other two victims went with John to meet defendant. Levi drove John to the meeting in his Dodge Charger, and a third individual, Terrion, went along for the ride. At the restaurant, John, Levi, and Terrion met with defendant and another man known as Marquel. Defendant told John that the vehicle was at his father’s house, but his father was not going to be home for about 45 minutes, so they arranged a second meeting at a residence.
At the residence, John and defendant first went to the front door and knocked. However, they then walked to a side gate leading into the back yard where Levi and Terrion could no longer see them. Levi and Terrion got out of Levi’s vehicle and walked into the back yard with Marquel. In the back of the residence, Levi saw defendant pointing a handgun at John. John was lying on the ground face down. When questioned by the responding officer, John said he had given defendant the $2,800 in cash when defendant pointed the gun at his head in the back yard.
Defendant told Levi and Terrion to lie down on the ground and wanted to know the location of Levi’s keys. Levi told defendant they were inside the vehicle, so defendant sent Marquel to retrieve them. Defendant also took $50 out of Levi’s pocket. Levi then heard his vehicle driving away. John, Levi, and Terrion jumped the fence and saw Levi’s vehicle driving away. The vehicle driven by defendant was also gone.
John told the responding officer he recognized defendant from high school. In a “six-pack photo lineup, ” Levi and Terrion identified Marquel. In a second photo lineup, Levi identified defendant as the person who used a gun to steal his vehicle and $50.
Pursuant to a written plea agreement, defendant pled guilty on October 14, 2010, to count 1, carjacking, and admitted a prior strike. On November 19, 2010, the court followed the plea agreement by sentencing defendant to 10 years in state prison. To reach the 10-year term, the court imposed the middle term of five years for the carjacking and doubled it to 10 years as a result of the prior strike. All other remaining counts and allegations were dismissed at sentencing.
DISCUSSION
On December 23, 2010, defendant filed a notice of appeal indicating he wished to challenge his sentence and the validity of his guilty plea. He requested but was denied a certificate of probable cause. We appointed counsel to represent defendant on appeal. Appointed counsel on appeal has filed a brief under People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738, setting forth the facts and procedural history, raising no specific issues, and requesting this court to conduct an independent review of the record. On May 6, 2011, we offered defendant an opportunity to file a personal supplemental brief, which he failed to do. We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: McKINSTER, Acting P.J., KING, J.