Opinion
2d Crim. No. B302878
07-06-2020
THE PEOPLE, Plaintiff and Respondent, v. ARMANDO TELLEZ, Defendant and Appellant.
Richard B. Lennon, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 2018026525)
(Ventura County)
A Thousand Oaks resident was in her bedroom when she heard a loud crash inside her house. She opened the bedroom door and saw Armando Tellez and another man standing in the hallway. The two men fled through the front door, carrying a pair of laptops they had taken from the house.
Police arrested Tellez and his accomplice a half-hour later. The two stolen laptops were in their car. Police identified the men as members of a Bakersfield criminal street gang.
Tellez pled guilty to one count of first degree residential burglary (Pen. Code, §§ 459, 460, subd. (a)), and admitted allegations that a person was present at the time of the burglary (§ 667.5, subd. (c)(21)), that he committed his crime for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)), and that he had suffered one prior strike conviction (§§ 667, subds. (b)-(j), 1170.12, subds. (a)-(d)) and one prior serious felony conviction (§ 667, subd. (a)(1)). When the trial court took Tellez's plea, it indicated that it would impose a nine-year prison sentence: the low term of two years on the burglary, doubled due to the prior strike, plus five years on the prior serious felony. If Tellez failed to appear for sentencing, the court said it would "impose whateversentence" was legal and appropriate.
Undesignated statutory references are to the Penal Code. --------
Tellez failed to appear. He was arrested 10 weeks later. At his subsequent sentencing, the trial court struck the gang enhancement and sentenced Tellez to 13 years in state prison: the middle term of four years on the burglary, doubled due to the prior strike, plus five years on the prior serious felony.
We appointed counsel to represent Tellez in this appeal. After counsel examined the record, he filed an opening brief that raises no arguable issues. On March 5, 2020, we advised Tellez by mail that he had 30 days within which to submit any contentions or issues he wished us to consider. We have not received a response.
We have reviewed the entire record and are satisfied that Tellez's attorney fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
TANGEMAN, J. We concur:
GILBERT, P. J.
PERREN, J.
Bruce A. Young, Judge
Superior Court County of Ventura
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.