Opinion
B230104
12-28-2011
THE PEOPLE, Plaintiff and Respondent, v. EDGAR YERKANYAN, Defendant and Appellant.
Carla Castillo, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. BA356751)
APPEAL from a judgment of the Superior Court of Los Angeles County. Robert J. Perry, Judge. Appeal dismissed.
Carla Castillo, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant Edgar Yerkanyan pleaded guilty to two counts of grand theft and one count of unlawful access card activity. He admitted Penal Code section 12022.6, subdivision (a)(1) and (2) allegations with respect to the grand theft counts. He had been charged with 27 counts arising from an April 2007 through May 2009 conspiracy in which he and three codefendants placed skimming devices on automatic teller and point of sale machines; collected credit, debit, and ATM card information; and used this information to obtain money from the victims' accounts. The trial court sentenced defendant to six years eight months in prison.
Defendant did not apply for or obtain a certificate of probable cause, but filed a timely appeal. We appointed counsel to represent defendant on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record. On October 18, 2011, we advised defendant 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.
Defendant's guilty plea and failure to obtain a certificate of probable cause limit the potential scope of defendant's appeal to "grounds that arose after entry of the plea and do not affect the plea's validity" or "the denial of a motion to suppress evidence under Penal Code section 1538.5." (Pen. Code, § 1237.5; Cal. Rules of Court, rule 8.304(b).) We have examined the entire record and have found that no arguable issues of any sort exist, let alone issues cognizable without a certificate of probable cause. We are satisfied that defendant's attorney has fully complied with her responsibilities. (People v. Kelly (2006) 40 Cal.4th 106, 109-110; People v. Wende (1979) 25 Cal.3d 436, 441.)
DISPOSITION
The appeal is dismissed.
NOT TO BE PUBLISHED.
MALLANO, P. J. We concur:
CHANEY, J.
JOHNSON, J.