P. v. Elliot

File 7/13/06 P. v. Elliot CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

APPEAL from a judgment of the Superior Court of the County of Los Angeles, Cynthia Rayvis, Judge. Affirmed.

Allen Stern, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Respondent.

______

An information charged defendant and appellant Andre B. Elliot (defendant) with two counts of carjacking (Pen. Code, § 215. subd. (a)) (counts 1 and 3) and two counts of second degree robbery (§ 211) (counts 2 and 4) The information further alleged, with respect to counts 1 and 2, that defendant personally used a handgun. (§ 12022.53, subd. (b).)

At trial, Nanelle Wong testified that on December 29, 2003 she was driving a Toyota Camry along Gridley Avenue in the City of Cerritos when she was rear-ended by another vehicle. She pulled over to the side of the road and got out of her car to discuss the accident with the occupants of the car behind her, a silver colored Toyota Camry. Four people were in the other car, defendant among them. Defendant and another individual exited the other vehicle and approached Ms. Wong. The driver of the other vehicle remained inside the car. Defendant's companion grabbed Ms. Wong's car keys from out of her hands, shoved her to the ground, and got into her car and drove away. Defendant got into the silver Toyota Camry, and it, too, drove away. Inside the stolen car were Ms. Wong's husband's work clothes, toys Ms. Wong had purchased for her baby, and a purse, which held Ms. Wong's credit cards and camera cell phone. Defendant was arrested later that same day after Deputy Sheriff Michael Maher observed him driving the stolen vehicle in the City of Compton. When Ms. Wong's cell phone was returned to her, she found that it had been used to take photographs of defendant, the man who had shoved her and taken her car keys, and the driver of the silver Toyota. Ms. Wong did not recover the other items that had been in her car at the time it was stolen.

A jury convicted defendant of one count of carjacking (count 3) and one count of second degree robbery (count 4) and acquitted him of the remaining charges. The trial court sentenced defendant to the mid-term of 5 years for the carjacking conviction, and imposed and stayed a sentence of 3 three years for the robbery conviction. Defendant was accorded 761 days of custody credit, consisting of 662 days of actual custody and 99 days of conduct credit.

We appointed counsel to represent defendant in this appeal. After examination of the record, counsel filed an opening brief asking this court to conduct an independent review of the record in accordance with People v. Wende (1979) 25 Cal.3d 436. On March 13, 2006, we gave notice to defendant that counsel had failed to find any arguable issues and that defendant had 30 days in which to submit by brief or letter any contentions, issues or argument he wished this court to consider. Defendant did not submit any brief or letter. We have reviewed the entire record and find that there was no error.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

MOSK, J.

We concur.

ARMSTRONG, Acting P. J.

KRIEGLER, J.

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