Opinion
2d Crim. No. B298023
09-25-2019
THE PEOPLE, Plaintiff and Respondent, v. ROBERT STEPHEN REEVES, Defendant and Appellant.
Richard B. Lennon, Executive Director, under appointment by the Court of Appeal for Defendant and Appellant. No appearance by 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 2017032293)
(Ventura County)
Robert Stephen Reeves (also known as Eevl, Grumpy, Happy, Mr. Ears, and Pinhead), appeals his conviction by plea to first degree residential burglary while a person was present (Pen. Code, §§ 459; 462, subd. (a); 667.5, subd. (c)(21)) with a gang enhancement (§ 186.22, subd. (b)(1)(C)), plus a Three Strikes enhancement (§§ 667, subds. (c)(1) & (e)(1); 1170.12, subds. (a)(1) & (c)(1)), and a serious felony conviction enhancement (§ 667, subd. (a)(1)). Pursuant to the negotiated plea, the trial court sentenced appellant to 23 years state prison, plus a consecutive four years in three other cases (Ventura County Sup. Ct., Case Nos. 2015024791, 2017011020, 2016001594). Appellant was ordered to pay various fines and fees, and victim restitution.
All statutory references are to the Penal Code. --------
We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, he filed an opening brief in which no issues were raised. On August 12, 2019, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received.
The record reflects that appellant, an active member of the Skinhead Dogs and/or East End Ventura Locals gang, entered a home occupied by a 74-year-old mother and her son. Appellant and a second man took property belonging to the son, while the burglary was recorded on a home video surveillance camera. Appellant admitted committing the burglary while out on bail in two other cases. (§ 12022.1, subd. (b).)
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The May 15, 2019 abstract of judgment, paragraph 3 erroneously states that the five-year enhancement was imposed pursuant to "667.5(a)(1)PC." The clerk of the Ventura County Superior Court is directed to correct the abstract of judgment to reflect that the five-year enhancement was imposed pursuant to Penal Code section 667, subdivision (a)(1), and forward a certified copy of the Amended Abstract of Judgment to the Department of Corrections and Rehabilitation. The sentence remains the same: 23 years state prison in Case No. 20170322293, and a consecutive four years state prison in Case Nos. 2015024791, 2017011020, and 2016001594. The judgment is affirmed.
NOT TO BE PUBLISHED.
YEGAN, Acting P. J. We concur:
PERREN, J.
TANGEMAN, J.
Bruce A. Young, Judge
Superior Court County of Ventura
Richard B. Lennon, Executive Director, under appointment by the Court of Appeal for Defendant and Appellant.
No appearance by Respondent.