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People v. Rosano

California Court of Appeals, Third District, Yolo
Apr 13, 2010
No. C063320 (Cal. Ct. App. Apr. 13, 2010)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JOSEPH MARIO ROSANO, Defendant and Appellant. C063320 California Court of Appeal, Third District, Yolo April 13, 2010

NOT TO BE PUBLISHED

Super. Ct. No. CRF093801

HULL, Acting P. J.

Defendant Joseph Mario Rosano snatched a purse and ran away. Police found him inside a nearby furniture store, and he fled with the officers in chase. The officers deployed tasers on defendant, and he was subdued by two backup officers.

Defendant entered a no contest plea to second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)) and admitted a prior prison term allegation. The court imposed a stipulated four-year prison term, ordered various fines and fees, and awarded 51 days’ credit (46 custody and 5 conduct).

Defendant did not obtain a certificate of probable cause, but appeals.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

The recent amendments to Penal Code section 4019 do not operate to modify defendant’s entitlement to credit, as he was committed for a serious and violent felony. (Pen. Code, § 4019, subds. (b)(1), (b)(2), (c)(1) & (c)(2); Stats. 2009, 3d Ex. Sess., ch. 28, § 50.)

DISPOSITION

The judgment is affirmed.

We concur: BUTZ, J., CANTIL-SAKAUYE, J.


Summaries of

People v. Rosano

California Court of Appeals, Third District, Yolo
Apr 13, 2010
No. C063320 (Cal. Ct. App. Apr. 13, 2010)
Case details for

People v. Rosano

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JOSEPH MARIO ROSANO, Defendant…

Court:California Court of Appeals, Third District, Yolo

Date published: Apr 13, 2010

Citations

No. C063320 (Cal. Ct. App. Apr. 13, 2010)