Filed 8/24/12 P. v. Barnes CA4/1
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COURT
OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION
ONE
STATE
OF CALIFORNIA
THE
PEOPLE,
Plaintiff and Respondent,
v.
THOMAS
GRANT BARNES,
Defendant and Appellant.
D061744
(Super. Ct.
No. SCE306420)
APPEAL from a judgment of the Superior
Court of
Lantz Lewis, Judge. Affirmed.
Thomas Grant Barnes entered
guilty pleas to eight felony offenses and admitted four prison priors (Pen.
Code,
§ 667.5, subd. (b)), two serious felony prior convictions (§ 667,
subd. (a)(1)) and two serious/violent felony prior convictions (§ 667,
subds. (b)-(i) (strike priors)).
At sentencing the trial court denied Barnes's
motion to dismiss at least one of the strike priors. The court dismissed counts 6 through 8 in the
furtherance of justice (§ 1385) and imposed a sentence of 50 years to life
plus a 21-year determinate term of imprisonment. Barnes obtained a
a timely notice of appeal.
Counsel
has filed a brief pursuant to
Wende (1979) 25 Cal.3d 436 (Wende)
and Anders v. California (1967) 386
U.S. 738 (Anders) raising a possible,
but not arguable issue. We offered
Barnes the opportunity to file his own brief on appeal, but Barnes has not
responded.
STATEMENT
OF FACTS
Since
this case arises from guilty pleas and since there was no preliminary hearing
held in this case we will take the statement of facts from the probation
officer's report as an appropriate summary of the facts of the offenses.
On November 20,
2010, at approximately 2:00 p.m.,
the defendant entered the Goodwill Thrift store on Mission
Gorge Road in Santee, and
stole about $500 in clothing. He fled in
his vehicle (Saturn), along with his girlfriend, Cynthia Manning. A witness recorded the vehicle's license
plate number. Video surveillance
captured the defendant committing the offense.
On November 20,
2010, at approximately 10:00 p.m.,
the defendant entered the CVS retail store on Mission
Gorge Road in Santee. Manning waited in the Saturn and the
defendant told Manning to keep the vehicle running. The defendant stole several items worth $200
and left without paying. A store
employee recorded the license plate number.
Subsequently it was discovered the Saturn was registered to the
defendant's mother, but the defendant was the usual driver.
On November 21,
2010, at approximately 12:10 a.m.,
a deputy with the San Diego County Sheriff's Office observed the Saturn parked
in the Denny's parking lot in El Cajon. Subsequently the defendant left and the
deputy followed. A traffic stop was
attempted but the defendant failed to yield and traveled at a high rate of
speed through residential areas, eventually crashing into a fence. The defendant exited the driver's seat and
ran away. Manning remained in the
Saturn. The defendant was not
apprehended. Manning told deputies that
she had been with the defendant earlier at the Goodwill store and CVS.
On November 21,
2010 at 2:30 a.m., the
defendant entered a 7-11 store in El Cajon
armed with a hammer. He demanded money
and cigarettes from the clerk, Jason Radi, who complied as he was fearful. The defendant left with $100 in cash and $175
in cigarettes. The defendant was
captured on video surveillance.
On November 21,
2010 at approximately 3:20 a.m.,
the defendant entered an AM/PM store in El Cajon. While holding a hammer he briefly followed a
store clerk, Emad Saka, around saying, in part, "Hurry up, hurry up, I'm
gonna pound your head in the dirt. Get
on the ground or I'm gonna kill you."
The clerk was scared and fled to a rear room. Saka watched on surveillance the defendant
pound the cash register with the hammer and then steal one of the smaller
register drawers. The estimated loss and
damage was $2,500 ($500 in cash, $1,000 for the theft of the drawer, and $1,000
for the damage to the second cash drawer.)
On November 21,
2011, at approximately 9:30 a.m.,
the defendant's brother, Joshua Dorval, contacted the El Cajon Police Department
and reported that the defendant was trying to break into his vehicle. Dorval
said the defendant was at a friend's apartment and was yelling and saying he
was going to break into Dorval's
vehicle. Dorval
said he had received a call from the defendant around midnight the night before and Dorval
picked him up on Los Coches Road
in El Cajon (close to where the
defendant fled from the deputy). The
defendant told Dorval that he was
"running from the police" and he wanted Dorval
to drive him to a convenience store to commit a robbery. Dorval
refused and dropped the defendant off in El Cajon.
The defendant was contacted and arrested. He refused to make a statement regarding the
offense. He was transported and booked
into county jail.
DISCUSSION
As we
have previously noted, appellate counsel has filed a brief indicating he is
unable to identify any argument for reversal and asks this court to review the
record for error as mandated by Wende,
supra, 25 Cal.3d 436. Pursuant to
identifies the following possible, but not arguable issue:
Whether
the trial court abused its discretion in denying the defense request to dismiss
at least one of the strike priors.
We have
reviewed the entire record in accordance with Wende, supra, 25 Cal.3d
436 and Anders, supra, 386 U.S. 738 and have not found any reasonably arguable
appellate issues. Competent counsel has
represented Barnes on this appeal.
DISPOSITION
The
judgment is affirmed.
HUFFMAN,
Acting P. J.
WE CONCUR:
HALLER, J.
O'ROURKE, J.
All further statutory references
are to the Penal Code unless otherwise noted.
