Opinion
B236191
06-26-2012
THE PEOPLE, Plaintiff and Respondent, v. FELIX ALBERTO PUERTO et al., Defendants and Appellants.
Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant Felix Alberto Puerto. Trisha Newman, under appointment by the Court of Appeal, for Defendant and Appellant Juan C. Abelar. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. VA115570)
APPEAL from a judgment of the Superior Court of Los Angeles County, Peter Espinoza, Judge. Affirmed.
Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant Felix Alberto Puerto.
Trisha Newman, under appointment by the Court of Appeal, for Defendant and Appellant Juan C. Abelar.
No appearance for Plaintiff and Respondent.
Defendants and appellants Juan C. Abelar and Felix Alberto Puerto were convicted by jury in count 1 of carjacking in violation of Penal Code section 215, subdivision (a), and in count 2 with first degree robbery in violation of section 211. The jury further found, as to both counts, that a principal was armed with a firearm (§ 12022, subd. (a)(1)) and defendants used a firearm (§ 12022.53, subd. (b)). The trial court sentenced Abelar to 15 years in state prison. Puerto received a 19-year state prison term.
All statutory references are to the Penal Code.
Defendants filed timely notices of appeal. This court appointed attorneys to represent defendants on appeal. Both appointed counsels filed briefs raising no issues but requesting this court to independently review the record for arguable appellate contentions pursuant to People v. Wende (1979) 25 Cal.3d 436. Each defendant was advised by letter from this court of his right to file a supplemental brief within 30 days. The 30-day period has elapsed as to both defendants, and no supplemental briefs have been received.
Viewed in the light most favorable to the judgment, the record establishes that Armando Villanueva was working as an unlicensed taxicab driver on June 2, 2010. He picked up defendants and a female as a fare. After arriving where directed by the passengers, Villanueva asked to be paid. Instead, he was accosted by defendants, each displaying a handgun, and robbed of cash and his cell phone. Defendants and the female drove off in Villanueva's taxi. Shortly after Villanueva reported the crime, his cab was discovered on a nearby street. Villanueva observed the three passengers walking on the street and notified the police, who took defendants into custody. Villanueva identified defendants in a field show-up and at trial.
DISPOSITION
We have examined the record for arguable appellate contentions and find none. The convictions are supported by substantial evidence. The sentences imposed were within the ranges provided by law. The judgments are affirmed. (Smith v. Robbins (2000) 528 U.S. 259.)
KRIEGLER, J. We concur:
ARMSTRONG, Acting P. J.
MOSK, J.