Opinion
NOT TO BE PUBLISHED
Mendocino County Super. Ct. No. SCUKCRCR 08 82092-04
Marchiano, P.J.
Defendant Ruben Galvan Salazar appeals from a judgment entered after his no contest pleas. His counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief, but has not done so. We have reviewed the entire record on appeal, find no arguable issues, and affirm the judgment.
Following a preliminary hearing, defendant was held to answer on multiple charges arising from a home invasion robbery. Offenses alleged in the 14-count information filed on April 2, 2008, included: first degree robbery of an inhabited dwelling while acting in concert (Pen. Code, §§ 211, 212.5, 213, subd. (a)(1)(A), count two), in which a principal was armed with a firearm (Pen. Code, § 12022, subd. (a)(1)); kidnapping to commit robbery (Pen. Code, §§ 207, subd. (a), 209, subd. (b)(1), count three); assault with a stun gun or taser (Pen. Code, § 244.5, count five); three counts of false imprisonment by violence (Pen. Code, §§ 236, 237, counts nine, ten, and eleven); and reckless driving while evading a peace officer (Veh. Code, 2800.2, subd. (a), count fourteen).
On November 10, 2008, defendant pleaded no contest to the charges, with the understanding that the remaining charges would be dismissed, and that he could be sentenced to prison for a term of four to 15 years.
Background
According to the probation report, five or six men, some of whom were armed and wearing ski masks, entered the residence occupied by M.S. and his family on the evening of January 7, 2008, restrained M.S.’s wife and two small children, assaulted M.S. with a taser gun and the butt of a pistol, and kept asking him, “Where is it?” and “Where is the marijuana?” M.S. led the robbers to a tree stump about one-half mile from the house, where he had hidden $30,000 to $40,000. The robbers took the money from the tree stump, ransacked the house taking various items of value, put the children in a bathroom with a chair blocking their exit, tied up M.S. and his wife, and drove away in M.S.’s vehicles.
M.S. broke free of his restraints, and went to the home of his brother-in-law, J.C. M.S., J.C., and others got into J.C.’s truck, and went looking for M.S.’s GMC Envoy (SUV) and Nissan Sentra. They spotted the SUV and called the sheriff’s office with information about the vehicle. Law enforcement personnel encountered the vehicle and a high-speed pursuit ensued. The vehicle was eventually stopped, its occupants, including defendant, were detained, and a large amount of cash, as well as jewelry, televisions and other stolen items, were recovered inside it.
Proceedings
The trial court sentenced defendant to 15 years in prison, consisting of the upper term of nine years on the robbery count, plus one year for the firearm enhancement on that count, and consecutive sentences of one-third the midterm on the other counts (one year and eight months for the kidnapping, and eight months for each of the other five offenses).
Discussion
Defendant was represented by counsel. He was advised of his rights and consequences of his plea and agreed to the negotiated disposition. There was no error in the proceedings, including the sentencing. There are no meritorious issues to be argued or briefed.
The judgment is affirmed.
We concur: Margulies, J., Dondero, J.