Opinion
A153589
08-16-2018
THE PEOPLE, Plaintiff and Respondent, v. VICTOR PIERRE BENTO SILVA, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Sonoma County Super. Ct. No. SCR6845971)
Victor Pierre Bento Silva pled no contest to first degree murder (Pen. Code, § 187, subd. (a)), robbery (§ 211), and he admitted to personal use of a firearm in the commission of the robbery (§ 12022.53, subd. (b)). The trial court sentenced Silva to a term of 41 years to life in prison, to run concurrent to a sentence Silva was serving in Arizona.
All undesignated statutory references are to the Penal Code. --------
Silva appeals. The court denied Silva's request for a certificate of probable cause. Silva's appointed counsel asked this court to review the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende ).) Our review discloses no arguable issues. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
The prosecution charged Silva with murder (§ 187, subd. (a); count 1), kidnapping (§ 209, subd. (b)(1); count 2), first degree residential burglary (§ 459; count 3), first degree residential robbery (§ 211; count 4), driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a); count 5), and elder abuse (§ 368, subd. (b)(1); count 6). As to the murder charge, it was alleged there were special circumstances, in that the murder was committed during a kidnapping, a burglary and a robbery (§ 190.2, subd. (a)(17)). In counts 1, 2, and 4, it was alleged Silva personally used a firearm (§§ 12022.53, subd. (b), 1203.06, subd. (a)(1), 12022.5, subd. (a)), or the principal was armed with a firearm (§ 12022, subd. (a)(1)). In counts 3, 5, and 6, it was alleged Silva personally used a firearm (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)), or the principal was armed with a firearm (§ 12022, subd. (a)(1)).
The prosecution alleged Silva and Stephanie Hill confronted an 84-year-old woman in Penngrove, California, at gunpoint, forced her into her home, bound her to a chair, and shot her in the head. Silva and Hill stole items from the victim's home, including a car. Two days later, they were located by law enforcement in Riverside County. After a high-speed chase into the State of Arizona, Hill was killed in a shoot-out with law enforcement.
On September 29, 2017, Silva pled no contest to murder (§ 187, subd. (a)), and robbery (§ 211), and he admitted to personal use of a firearm in the commission of the robbery (§ 12022.53, subd. (b)). On December 7, 2017, pursuant to the terms of the plea agreement, the court sentenced Silva to 41 years to life in prison, comprised of a determinate term of 6 years for robbery and 10 years for the firearm use enhancement, and an indeterminate term of 25 years to life for first degree murder.
DISCUSSION
Silva's appointed counsel filed a Wende brief and informed Silva he had the right to file a supplemental brief on his own behalf. Silva did not file a supplemental brief. The court denied Silva's request for a certificate of probable cause so our review is limited to post-plea proceedings. (People v. Panizzon (1996) 13 Cal.4th 68, 74-79.) We have reviewed the post-plea record pursuant to Wende and find no reasonably arguable appellate issue.
DISPOSITION
The judgment is affirmed.
/s/_________
Jones, P.J. We concur: /s/_________
Simons, J. /s/_________
Bruiniers, J.