Filed 6/30/17 P. v. Myers CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA



THE PEOPLE,

Plaintiff and Respondent,

v.

WILLIE LEE MYERS,

Defendant and Appellant.
D070899



(Super. Ct. No. SCD264489)

APPEAL from a judgment of the Superior Court of San Diego County, David J. Danielsen, Judge. Affirmed.
Stephen M. Vasil, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Willie Lee Myers and two of his brothers were charged with six counts of robbery (Pen. Code, § 211 ; counts 1, 2, 3, 4, 6 & 7) and one count of attempted robbery (§ § 664, 211; count 5). Myers was also charged with being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 11). Two of Myers's robbery charges and the attempted robbery charge included allegations that he personally used a handgun (§ 12022.5, subd. (a); counts 1, 5 & 6) and the other four robbery charges (counts 2, 3, 4 & 7) included allegations that Myers was vicariously armed with a handgun (§ 12022, subd. (a)(1)). Before trial, Myers pleaded guilty to all charges and allegations.
The trial court sentenced Myers to an aggregate prison term of 16 years 8 months. The court selected count 1 as the principal term and imposed the middle terms of three years for armed robbery and four years for personal use of a firearm (§§ 211, 213, subd. (a)), 12022.5, subd. (a)). The court imposed consecutive terms of one year for each of the other five robbery convictions (§§ 211, 213, subd. (a); counts 2, 3, 4, 6 & 7); four months for each of the four allegations of committing robbery or attempted robbery while armed with a handgun (§ 12022, subd. (a)(1); counts 2, 3, 4 & 7); 16 months for each of the two additional personal use of a firearm allegations (§ 12022.5, subd. (a); counts 5 & 6); and eight months for Myers's commission of attempted robbery (§§ 211, 213, subd. (b), 664, 1170, subd. (h); count 5). The court also imposed a concurrent two-year term for Myers's conviction for being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 11).
Appointed appellate counsel has filed a brief presenting no argument for reversal, but requesting this court to review the record for error in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende). We offered Myers the opportunity to file his own brief on appeal and he filed two letters. After independently reviewing the record for error as required by Anders v. California (1967) 386 U.S. 738 (Anders) and Wende, we affirm.
FACTS
As the basis for his guilty plea, Myers admitted he and his brothers went on a spree of armed robberies over the course of several days. The first robbery occurred on November 13, 2015, around 8:30 p.m. Myers and one of his brothers approached a man on a motorized scooter, pointed a gun at him, punched him in the face and demanded the victim turn over his money. When the victim responded that he didn't have any money, Myers and his brother grabbed the scooter and fled. Two days later, Myers and his brothers, again armed with a gun, approached a couple on the boardwalk in the early hours of the morning and took the woman's cell phone. The brothers demanded the passcode for the phone from the woman. When she refused to give the code, one of the brothers slapped her in the face until she eventually gave in. The brothers also looked through the male victim's pockets but did not take anything. This incident was the basis for one robbery charge and the attempted robbery charge (counts 5 & 6).
Shortly after, the brothers entered a warehouse where a pedicab business was located. With gun drawn, they demanded that several drivers on break in the warehouse turn over their money. One of the brothers punched a victim repeatedly in the face before taking hundreds of dollars in cash and the victim's cell phone. They also took a laptop from another driver. This incident was the basis for two robbery charges (counts 3 & 4). Three days later, around midnight, the brothers perpetrated another armed robbery on a pedestrian walking alone. They took the victim's cell phone, which was later traced to the Myerses' residence. Less than an hour after that attack, the brothers approached another man standing outside alone. They pointed the gun at the victim, racked the gun's slide, and told the man to empty his pockets. The victim gave them his cell phone and a small amount of cash.
San Diego police went to the residence where one of the stolen phones was traced. There, they observed a car matching the description of one of two get-away vehicles that had been given by several of the victims. Police eventually arrested the three brothers and obtained a search warrant for the residence and both get-away cars. The police found the stolen phones, scooter and laptop, as well as other evidence linking the brothers to the robberies, and a handgun registered in Missouri. Additionally, while in police custody, the three brothers were recorded talking to each other about their commission of the crimes.
Myers was charged with six armed robberies and one attempted armed robbery. Myers, who has a felony record in Illinois, was also charged with being a felon in possession of a firearm. Myers eventually pleaded guilty, admitting he was one of the perpetrators of the robberies and that in three of the five events at issue he had been the one to brandish the gun. Myers was not offered any plea agreement. In his interviews with probation officers and his letter to the sentencing court, 24-year-old Myers explained that he been in and out of the delinquency and adult justice system in Illinois since he was nine years old. Myers was released from prison in Illinois just a week before the first robbery in this case occurred, and traveled to San Diego in violation of his parole.
DISCUSSION
In one of his two letters responding to our invitation for supplemental briefing, Myers asserts that counts 3 and 4, which related to the robberies in the pedicab warehouse, and counts 5 and 6, which related to the robberies of the couple on the boardwalk, should have been sentenced together because they happened at the same time and place. In Myers's other letter he states his felonies should be categorized as serious, but not violent.
Appellate counsel has identified the following issues that "might arguably support the appeal" (Anders, supra, 386 U.S. at p. 744): (1) Whether "the trial court prejudicially err[ed] by denying appellant's motion to recuse the San Diego County District Attorney's Office"; (2) whether "the trial court err[ed] when it amended the information at sentencing and had appellant plead guilty to the amended robbery charge (§ 211) in count six and admit the attached firearm enhancement"; (3) whether "section 654 bar[s] punishment for appellant's robbery conviction in count four"; (4) whether "the trial court abuse[d] its discretion by sentencing appellant to consecutive terms for the robbery convictions and the attempted robbery conviction"; (5) whether "the trial court abuses[d] its discretion when it selected the middle term in count one for the principal term"; and (6) whether "section 654 bar[s] punishment for appellant's conviction for being a felon in possession of a firearm."
We have reviewed the entire record as mandated by Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738, including the issues raised by Myers and those referred to by appellate counsel. We have not discovered any reasonably arguable issue for reversal. Competent counsel has represented Myers on this appeal.
DISPOSITION
The judgment is affirmed.




HALLER, J.

WE CONCUR:




McCONNELL, P. J.




HUFFMAN, J.