P. v. Andrade
Filed 11/12/13 P. v. Andrade CA6
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opinion has not been certified for publication or ordered published for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.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH
APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and
Respondent,
v.
JEFFREY LUMEN ANDRADE,
Defendant and
Appellant.
H038864
(Santa Clara
County
Super. Ct.
No. C1085222, C1113466)
Defendant
Jeffrey Lumen Andrade appeals after pleading no contest to two counts of
212.5, subd. (c)
title="">[1])
and admitting that he personally and intentionally discharged a firearm (§
12022.53, subds. (c) & (b)). He was
sentenced to an aggregate prison term of 23 years.
On appeal,
defendant’s appointed counsel has filed a brief pursuant to
that states the case and facts, but raises no issue. We notified defendant of his right to submit
written argument on his own behalf within 30 days. The 30–day period has elapsed and we have
received no response from defendant.
Pursuant to
People v. Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006)
40 Cal.4th 106, we have reviewed the entire record. Following the California Supreme Court’s
direction in People v. Kelly, supra, at page 110, we provide a brief
description of the facts and the procedural history of the case.
FACTUAL AND PROCEDURAL Background
A. Incidents
and Charges
On August 13, 2010,
defendant—accompanied by Kevin Em—entered the McKee Gas & Shop. Defendant pointed a shotgun at the clerk, who
was helping a customer. Defendant and Em
both told the clerk, “give me the money.â€
As the clerk tried to open the cash register, defendant discharged the
shotgun into the ceiling. Defendant and
Em took money from the counter as well as from one of the cash registers, then
left in a stolen vehicle.
Based on
the above incident, defendant was charged by information in case No. C1085222
with two counts of second degree robbery (§§ 211, 212.5, subd. (c); counts 1
& 2), one count of shooting at an inhabited dwelling house (§ 246; count
3), and one count of receiving a stolen vehicle (§ 496d; count 4). As to both of the robbery counts, the
information alleged defendant personally and intentionally discharged a firearm
(§ 12022.53, subds. (c) & (b)), that he was armed with a firearm
(§ 12022, subd. (a)(1)), and that he personally used a firearm (§
12022.5, subd. (a)).
On July 25, 2010, defendant and Em
committed another robbery, taking the victim’s wallet, which contained $30 cash
and his driver’s license. Based on that
incident, defendant was charged in case No. C1113466 with second degree robbery
(§§ 211, 212.5, subd. (c)), and it was alleged that a principal personally
used a firearm (§ 12022.53, subds. (b) & (e)(1)).
B. Pleas,
Sentencing, and Appeal
On October 19, 2011, defendant entered
no contest pleas to the robbery charged in count 1 in case No. C1085222 and the
robbery charged in case No. C1113466, and he admitted the allegation in case
No. C1085222 that he personally and intentionally discharged a firearm (§ 12022.53,
subds. (c) & (b)).
At the
sentencing hearing on December 1, 2011,
the trial court dismissed all the remaining counts and allegations. The court imposed the two-year low term for
the robbery charged in count 1 in case No. C1085222, with a consecutive 20-year
term for the allegation that he personally and intentionally discharged a firearm
(§ 12022.53, subds. (c) & (b)).
The court imposed a consecutive one-year term (calculated at one-third
of the midterm) for the robbery charged in case No. C1113466, for an aggregate
prison term of 23 years.
On March 29, 2013, this court granted
defendant’s motion for relief from default for failing to file a timely
Discussion
Having
carefully reviewed the entire record, we conclude that there are no arguable
issues on appeal. (People v. Wende, supra,
25 Cal.3d at pp. 441-443.)
>
The judgment is affirmed.
___________________________________________
Bamattre-Manoukian, ACTING P.J.
WE CONCUR:
__________________________
Márquez, J.
__________________________
GROVER, J.
name="_ftn1" title=""> [1] All further statutory
references are to the Penal Code unless otherwise indicated.
name="_ftn2" title=""> [2] The factual summary
for case No. C1085222 is based on the transcript of the preliminary
hearing. The factual summary for case
No. C1113466 is based on the complaint.
