Opinion
B232550
01-17-2012
THE PEOPLE, Plaintiff and Respondent, v. EUGENE D. SHORTS, JR., Defendant and Appellant.
Linn Davis, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. BA367111)
APPEAL from a judgment of the Superior Court of Los Angeles County, Jose I. Sandoval, Judge. Affirmed.
Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Eugene D. Shorts, Jr. appeals from a judgment of three years in state prison after a plea of no contest to second degree burglary. On January 8, 2010, appellant entered a weigh station, grabbed and hit the employee working at the counter, took about $950 from a drawer, and left. The employee gave the police a description of the robber as a black male, but four days after the incident, he could not identify appellant, who is a black male, during a photo lineup. On the day of the incident, another employee, Tony Williamson, had noticed an "Afro-American" running from the weigh station. Learning of the burglary, Williamson successfully chased down appellant in his car and recovered most of the stolen money. Appellant was able to flee from Williamson with a $20 bill. Williamson identified appellant at the scene, and again during a photo lineup.
On October 5, 2010, appellant filed a motion to traverse the felony arrest warrant and to suppress evidence under Penal Code section 1538.5. He argued the investigating detective intentionally withheld evidence that the victim could not identify him, and that this failure rendered Williamson's identification unreliable. The trial court denied the motion. After the suppression motion was denied, appellant accepted an offer to plead no contest to one count of second degree robbery in exchange for the dismissal of two counts of battery and mayhem and the allegations of two prior convictions. In open court, as a condition of the plea, appellant agreed to waive his right to appeal any issue. Appellant was sentenced to three years in state prison, the middle term on the second degree burglary count.
After appellant filed a timely notice of appeal from the denial of his motion to suppress, this court appointed counsel to represent him. On August 25, 2011, appointed counsel filed an appellate brief raising no issues, but asking this court to independently review the record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441-442. (See Smith v. Robbins (2000) 528 U.S. 259, 264.) On the same date, we advised appellant he had 30 days within which to submit by brief or letter any contentions or argument he wished this court to consider. No response was received.
This court has examined the entire record in accordance with People v. Wende, supra, 25 Cal.3d at pages 441-442. We agree with counsel that no arguable issue exists on appeal. Accordingly, we affirm the judgment of conviction.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.
MANELLA, J. We concur: EPSTEIN, P. J. WILLHITE, J.