Fear Not Law Articles: P. v. Gates

P. v. Gates

Filed 10/19/07 P. v. Gates CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(San Joaquin)

----

THE PEOPLE,

Plaintiff and Respondent,

DARYLL DASHON GATES,

Defendant and Appellant.

C055499

(Super. Ct. No. TF033102A)

Defendant Daryll Dashon Gates was charged with three counts of second degree robbery. (Pen. Code, 211.)^{^[1]} With respect to two of the robbery charges, it was further alleged defendant had personally used a firearm. ( 12022.53, subd. (b).) Defendant pled no contest to one of the robbery charges and admitted the related personal gun use enhancement. The remaining counts were dismissed. The court sentenced defendant to the agreed term of the lower term of two years on the robbery conviction plus 10 years for the firearm enhancement. Defendants request for a certificate of probable cause was denied.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

NICHOLSON , J.

We concur:

BLEASE , Acting P.J.

DAVIS , J.

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^{^[1]} Unless otherwise indicated, further statutory references are to the Penal Code.

Description	Defendant Daryll Dashon Gates was charged with three counts of second degree robbery. (Pen. Code, 211.)[1] With respect to two of the robbery charges, it was further alleged defendant had personally used a firearm. ( 12022.53, subd. (b).) Defendant pled no contest to one of the robbery charges and admitted the related personal gun use enhancement. The remaining counts were dismissed. The court sentenced defendant to the agreed term of the lower term of two years on the robbery conviction plus 10 years for the firearm enhancement. Defendants request for a certificate of probable cause was denied. Court appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, Court find no arguable error that would result in a disposition more favorable to defendant.
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