Opinion
B238234
10-24-2012
Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. VA112328)
APPEAL from a judgment of the Superior Court of Los Angeles County. Michael L. Schuur, Commissioner. Affirmed.
Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Appellant Gregory Richardson appeals his conviction, following a bench trial, of one count of robbery in violation of Penal Code section 211, subdivision (a); one count of false imprisonment in violation of section 236; one count of second degree burglary in violation of section 459, and one count of brandishing an imitation handgun in violation of section 417.4. Appellant was further charged with two serious felony priors under section 667, subdivision (a)(1), two strike priors pursuant to sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i), and three prison priors pursuant to section 667.5, subdivision (b). Appellant was sentenced to 25 years to life on the first count, plus an additional 10 years consecutive for the prior serious felonies. The court struck the prison priors pursuant to section 1385, and imposed and stayed sentence, pursuant to section 654, on the three additional convictions. Appellant was awarded 487 days of custody credits. We appointed counsel to represent him on this appeal. Finding no error, we affirm the judgment.
Unless otherwise indicated, further statutory references are to the Penal Code.
On September 23, 2009, Brenda Valencia was working at a Game Stop store when appellant entered the store. Appellant pulled out what appeared to be a handgun and ordered Valencia to the back of the store, where he ordered her to place the store's merchandise in a bag. Appellant removed the store's video surveillance system and then tied Valencia to a chair. Before leaving the store, appellant had managed to open one of the cash registers, from which he removed the large-denominated loose bills and the cash drawer; the former he put in his pocket, and the latter he placed in his bag.
Valencia was able to free herself, and called the police. A highway patrol officer happened to be driving by when Valencia followed appellant out of the store. Valencia indicated to the officer that she had just been robbed, and the officer gave chase. As appellant fled, he threw money, gloves and his shirt in the back of a truck, and threw the handgun, which turned out not to be an actual firearm, onto a nearby roof. Witnesses observed appellant's actions, and testified to the foregoing events at trial. All of these items were recovered by the police and entered into evidence.
After examination of the record, appellant's counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436, and requested that this court conduct an independent review of the entire appellate record to determine whether any arguable issues exist. On August 8, 2012, we advised appellant that he had 30 days in which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
We have examined 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, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
ARMSTRONG, Acting P. J. We concur:
MOSK, J.
KRIEGLER, J.