Opinion
H036667
08-29-2011
THE PEOPLE, Plaintiff and Respondent, v. VIRGIL EARL ROBINSON, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Santa Clara County Super. Ct. No. C1083018
Defendant Virgil Earl Robinson twice entered stores and used forged $100 checks to purchase small amounts of merchandise. He received the balance in cash. Defendant also entered a third store and attempted to do the same but was unsuccessful. Defendant was charged by amended complaint with three counts of second degree burglary (Pen. Code, §§ 459, 460, subd. (b)) and three counts of forgery (Pen. Code, § 470, subd. (d)). It was further alleged that he had twice served prison terms for prior felony convictions (Pen. Code, § 667.5, subd. (b)). Defendant entered into a plea agreement under which he pleaded no contest to one count of second degree burglary and one count of forgery in exchange for dismissal of the remaining counts and an agreed prison term of 16 months. The court imposed a 16-month prison term (the low term) for one count and a concurrent 16-month lower term for the other count. Defendant timely filed a notice of appeal and a request for a certificate of probable cause. His request was denied.
The prison prior allegations went unmentioned, but defendant did not admit them.
Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
Mihara, Acting P. J. WE CONCUR:
Duffy, J.
Judge of the Santa Clara County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.