Opinion
H025446.
7-29-2003
THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO VELASQUEZ GARCIA, Defendant and Appellant.
On June 20, 2002, an information was filed in Santa Clara County Superior Court charging defendant Francisco Velasquez Garcia with robbery in violation of Penal Code sections 211-212.5, subdivision (c), and with grand theft of personal property of a value over $ 400 in violation of sections 484-487, subdivision (a) against Pedro Cortez. The information further alleged three prior felony convictions within the meaning of the "Three Strikes" Law (sections 667, subds. (b)(i) & 1170.12), as well as with two serious felony convictions within the meaning of section 667, subdivision (a) and two prior prison terms within the meaning of section 667.6, subdivision (b).
On August 27, 2002, defendant entered a negotiated plea as follows: defendant pleaded guilty to grand theft of personal property of a value over $ 400, and admitted as true the three prior felony strike allegations and two prior prison term allegations. In exchange the district attorney moved to dismissed the robbery and two prior serious felony allegations. The district attorneys motion was taken under submission until the time of sentencing.
Sentencing was held on December 27, 2002, the trial court heard and denied defendants motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 917 P.2d 628. Thereafter, as to the grand theft conviction, the trial court sentenced defendant to a term of 25 years to life pursuant to section 1170.12, subdivision (c)(2)(A)(ii). Additionally, the trial court struck the two prior prison terms in the interest of justice pursuant to section 1385, and dismissed the robbery and prior serious felony allegations pursuant to the negotiated plea.
On December 30, 2002, defendant filed a timely notice of appeal. We appointed counsel to represent the defendant in this court.
Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written argument from defendant.
Pursuant to People v. Wende (1979) 25 Cal.3d 436, 158 Cal. Rptr. 839, 600 P.2d 1071, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.
The judgment is affirmed.
WE CONCUR: Rushing, P.J., Mihara, J. --------------- Notes: Further statutory references are to the Penal Code unless otherwise specified.