Opinion
B299428
06-25-2020
THE PEOPLE, Plaintiff and Respondent, v. EARL VALLIER, Defendant and Appellant.
Richard L. Fitzer, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. BA453297) APPEAL from a judgment of the Superior Court of Los Angeles County, David V. Herriford, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
____________________
Pursuant to People v. Wende (1979) 25 Cal.3d 436, we review this appeal of a judgment after Earl Vallier entered a no contest plea.
All citations are to the Penal Code.
The facts are recited in the probation report. On June 22, 2014, Vallier pointed a gun at a gas station store clerk and took money from the store's cash register. He ordered the clerk to a back room. He took a customer's wallet at gunpoint and ordered the customer to the back room, too. On August 28, 2014, Vallier punched a man's face at a bus stop and searched the man's pockets.
On February 1, 2017, prosecutors filed a felony complaint charging appellant with two counts of second degree robbery (§ 211); kidnapping to commit robbery (§ 209, subd. (b)(1)); and attempted second degree robbery (§§ 664, 211). As to the two second degree robbery counts and the kidnapping to commit robbery count, prosecutors alleged Vallier personally used a firearm. (§§ 12022.53, subd. (b), 12022.5, subd. (a).) The information alleged Vallier had two prior convictions that qualified as serious felony priors and as strikes. (§§ 667, subd. (a)(1), 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The information also alleged he had served six prior prison terms. (§ 667.5, subd. (b).)
On April 16, 2018, Vallier waived his constitutional rights and entered a no contest plea to one count of second degree robbery and admitted certain enhancement allegations. The trial court sentenced him to 21 years in prison, comprised of five years for the robbery, doubled due to a prior strike under section 1170.12, 10 years for a firearm enhancement under section 12022.5, subdivision (a), and one year for a prior prison term enhancement under section 667.5, subdivision (b). Vallier received 1,981 days of presentence custody credit. The court imposed various fines and fees. The court dismissed the remaining charges and allegations.
On June 11, 2019, Vallier filed a timely notice of appeal.
We appointed counsel to represent Vallier on appeal. After examining the record, counsel filed an opening brief raising no issues and asking this court to review the record independently as required by People v. Wende. In the brief, counsel informed the court he had filed a motion asking the trial court to strike Vallier's one-year section 667.5, subdivision (b) prior prison term enhancement due to Senate Bill No. 136 (2019-2020 Reg. Sess.). Counsel said the trial court had not yet ruled on the motion. Counsel did not set forth any argument on this issue for our court.
On April 29, 2020, we advised Vallier he had 30 days within which to personally submit any contentions or issues he wished us to consider. To date, we have received no response. We have examined the entire record and are satisfied Vallier's counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109-110; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
WILEY, J. We concur:
BIGELOW, P. J.
GRIMES, J.