Filed 6/9/17 P. v. Somerville CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT


THE PEOPLE,

Plaintiff and Respondent,

v.

RICHARD SOMERVILLE,

Defendant and Appellant.
H043474
(Santa Clara County
Super. Ct. No. 213842)

Over a six-week period in the fall of 2013, defendant Richard Somerville committed a series of robberies and attempted robberies in which he displayed a revolver and took cash, cell phones, and personal possessions from more than a dozen individuals. He discharged his revolver more than once, and one victim suffered a significant injury when a bullet struck his mouth.
Defendant was charged by indictment with three counts of first degree robbery (Pen. Code, §§ 211, 212.5, subd. (a)), eight counts of second degree robbery (§§ 211, 212.5, subd. (c)), five counts of attempted second degree robbery (§§ 211, 212.5, subd. (c), 664), grand theft person (§§ 484, 487, subd. (c)), carrying a loaded firearm (§ 25850, subd. (a)), possession of ammunition by a felon (§ 30305, subd. (a)(1)), possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), and possession of a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1). The indictment also alleged that defendant had personally discharged a firearm (§ 12022.53, subd. (c)) in the commission of three of the second degree robbery counts, had personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)) in the commission of a fourth second degree robbery count, and had personally used a firearm (§ 12022.53, subd. (b)) in the commission of the remaining robbery and attempted robbery counts. In addition, the indictment alleged that defendant had suffered a prior strike (§§ 667, subds. (b)-(i), 1170.12) and had served prison terms for a prior violent felony conviction (§ 667.5, subd. (a)) and for three prior felony convictions (§ 667.5, subd. (b)).
Defendant entered into a written plea agreement. He agreed to plead no contest to one first degree robbery count and two second degree robbery counts and to admit their accompanying firearm enhancement allegations and the prior strike and prison prior allegations. Under the plea agreement, defendant would be sentenced to 35 years and seven months in prison, and the remaining counts and allegations would be dismissed along with two unrelated robbery cases against defendant. Defendant agreed that the court could consider the dismissed counts at sentencing.
Defendant entered his pleas and admissions, and the court imposed a prison term of 35 years and four months and dismissed the remaining counts and allegations and the other two cases. The court struck the punishment for the prison priors and imposed the required fees and fines. Defendant was also ordered to pay restitution to several of the victims. He filed an untimely notice of appeal challenging only his sentence, but this court granted him relief from default.
Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.






_______________________________
Mihara, J.



WE CONCUR:






_____________________________
Elia, Acting P. J.






_____________________________
Bamattre-Manoukian, J.