Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. BA329354 . Barbara R. Johnson, Judge.
Scott D. Peebles, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
RUBIN, ACTING P. J.
At around 8:00 p.m. on September 18, 2007, Troy Washington mugged Walter Osorio, taking Osorio’s wallet after punching him in the mouth. Osorio did not report the incident to the police because he was afraid. Two days later, Los Angeles police officers spotted Washington driving a minivan that had no license plates. They stopped Washington and discovered he had no driver’s license, registration, or proof of insurance. Washington claimed he recently bought the van, but had no proof of purchase or ownership. The van had been unregistered for the last four years.
The officers arrested Washington and searched the van. They found an ATM card, a health insurance card, a California ID card, and several other forms of identification belonging to Osorio. Washington’s face did not match that in the ID cards bearing Osorio’s name. Other officers were sent to the address listed on the ID cards and brought Osorio to the arrest location for a field show-up. Osorio identified Washington as the man who mugged him two days earlier.
Washington was charged with second degree robbery. (Pen. Code, § 211.) The information also alleged that Washington had a prior conviction for purposes of the Three Strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and for purposes of the five-year enhancement provided by Penal Code section 667, subdivision (a). At trial, Washington testified and denied robbing Osorio. Instead, he claimed he had just purchased the van, that he met Osorio on September 18, 2007, through a prostitute he knew, that he loaned the van to the prostitute so she could have sex with Osorio, and that Osorio left his identification papers in the van at that time.
The jury convicted Washington of robbing Osorio. He admitted the prior conviction allegations. The court imposed an 11-year sentence as follows: the three-year mid-term for robbery was doubled under Three Strikes, plus five years for the prior conviction alleged under Penal Code section 667, subdivision (a).
Washington appealed. On December 4, 2008, his appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) in which no issues were raised. The brief included a declaration from counsel that he had reviewed the record and had sent Washington a letter advising him that such a brief would be filed and that he could file a supplemental brief if he chose to. The next day, this court sent Washington a letter advising him that a Wende brief had been filed and that he had 30 days to submit a brief raising any issues he wanted us to consider. He did not file a supplemental brief.
We have examined the entire record and are satisfied that appellant’s attorney has fully complied with his responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259; Wende, supra, 25 Cal.3d 436.)
DISPOSITION
The judgment is affirmed.
WE CONCUR: FLIER, J., BAUER, J.
Judge of the Orange Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.