P. v. Guera

Filed 6/2/06 P. v. Guera CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Tulare County. Ronn Couillard, Judge.

Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.

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On June 3, 2005, appellant Felix Guera pled no contest to kidnapping (Pen. Code, § 207, count one), second degree robbery (§ 211, count three), and assault with a deadly weapon (§ 245, subd. (a)(1), count four).^[1] Guera admitted the personal use of a firearm on count two (§ 12022.5, subd. (a)).^[2] The court sentenced Guera to prison for three years on count three and consecutive terms of one year eight months on count one and four years for the gun enhancement. The court sentenced Guera to a concurrent term of three years on count four. Guera's total prison term is eight years eight months. The court imposed a restitution fine and granted Guera applicable custody credits.

Guera's appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Guera was advised he could file his own brief with this court. By letter on January 5, 2006, we invited Guera to submit additional briefing. To date, he has not done so.

After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists.

DISPOSITION

The judgment is affirmed.

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^*Before Harris, Acting P.J., Levy, J., and Dawson, J.

^[1] Appellant waived his constitutional rights pursuant to Boykin v. Alabama (1969) 395 U.S. 238; In re Tahl (1969) 1 Cal.3d 122.

Unless otherwise noted, all statutory references are to the Penal Code.

^[2] In exchange for Guera's plea, the court dismissed allegations that he kidnapped during a carjacking (§ 215, subd. (a), count two), made a criminal threat (§ 422, count five), committed arson (§ 451, subd. (d), count six), committed vehicle theft (Veh. Code, § 10851, subd. (a), count seven), and was under the influence of a proscribed drug (Health & Saf. Code, § 11550, subd. (a), count eight). The court also dismissed allegations Guera used a gun pursuant to section 12022.53, subdivision (d).

The parties agreed to a lid of eight years eight months on appellant's sentence.