Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County. No. BA337876 Mary Lou Villar and Hank M. Goldberg, Judges.
David L. Polsky, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
BIGELOW, J.
Christopher Price and T.R. (a minor) formulated a plan to rob T.R.’S former boyfriend, Blain Krowford. On March 14, 2008, T.R. asked Krowford and his friend, Darren Dupar to drive her to a tattoo shop near 63rd Place and Broadway. During the drive, Price and T.R. exchanged text messages (later viewed by police) regarding the direction Krowford was driving, and where he and Dupar had their money located. After Krowford parked his car, T.R. quickly got out of the car, while Price walked up, pointed a handgun at Krowford and Dupar, and demanded their money. After some commotion during which Price left the scene for a moment, he returned to the car, again pointed the gun at the victims, and again demanded their money. At that point, Krowford handed money and a cell phone to Price, who then started to walk around the car to reach Dupar. As Price was walking around the back of the car, Krowford and Dupar got out of the car, locked the doors and ran away. Price then fired a gunshot through a rear window of the car, reached inside, took property that was on the rear seat, and then fled on foot. Shortly after the incident, police located Price nearby, and he was identified in a field line-up.
On April 29, 2008, Price agreed to waive a preliminary hearing, and plead on the complaint. The complaint was amended to add a personal firearm use enhancement as to a robbery charged as count 1, following which Price waived his constitutional trial rights, and pleaded guilty to count 1, and admitted the firearm allegation, and admitted a prior juvenile adjudication for attempted first degree robbery. In exchange, the People agreed to dismiss three additional robbery counts, a count charging assault with a firearm, and a count charging that he discharged a firearm into an unoccupied vehicle.
On May 15, 2008, the trial court sentenced Price to an aggregate term of 14 years in state prison as follows: a low term of 2 years, doubled to 4 years for the prior strike, plus 10 years for the firearm enhancement.
Price filed a timely notice of appeal, and we appointed appellate defense counsel. On April 6, 2009, Price’s appointed counsel filed an opening brief which raised no issues. On the same day, we directly notified Price by letter that he could submit within 30 days any ground of appeal, argument or contention which he wished us to consider. Price has not filed a response to our letter.
We have independently reviewed the record, and are satisfied that Price’s appointed counsel has fulfilled her duty, and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436; People v. Kelly (2006) 40 Cal.4th 106.)
DISPOSITION
The judgment is affirmed.
We concur: RUBIN, Acting P. J., FLIER, J.