P. v. Harris
Filed 10/10/07 P. v. Harris CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION EIGHT
THE PEOPLE, Plaintiff and Respondent, v. GERARD HARRIS, Defendant and Appellant. | B195692 (Los Angeles County Super. Ct. No. MA036036) |
APPEAL from a judgment of the Superior Court of Los Angeles County.
Steven D. Ogden, Judge. Affirmed.
Deborah L. Hawkins, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent
Rene Gerard Harris appeals from a judgment of conviction following a no contest plea. On August 25, 2006, appellant was charged with second degree robbery [count one] and conspiracy to commit robbery [count three]. (Pen. Code 211, 182, subd. (a)(1).)[1] As to count one, it was further alleged that during the commission of the offense a principal was armed with a shotgun. ( 12022, subd. (a)(1).) It was further alleged that appellant personally used a firearm, to wit a shotgun ( 12022.5, 1192.7, subd. (c), 667.5, subd. (c), 12022.53, subd. (b).)
On August 23, 2006, around 12:00 noon, Andre Harris, appellants codefendant, suggested to appellant and to S. Isiah that they hit the check cashing place, Advance America Check Cashing. Appellant and Isiah initially refused but were persuaded. A discussion then ensued as to how to proceed and whether to use a weapon.
Between 4 and 5 p.m., Harris told the others Lets do this. They initially refused, but gave in so Andre would not have to go alone. The men drove to Advance American and parked in the parking lot. They entered the business with Harris holding a shotgun and telling the employees and customers to keep your hands up and dont move. Harris then gave the gun to appellant and jumped over the counter, opened the cash register and removed money. During this time, appellant held the shotgun and told the employees and customers not to move.
Harris then took the shotgun back from appellant and forced the manager to open the safe. Harris said, You have until I count to five to open the safe or Im going to kill you.
Harris returned to the front of the business and handed the gun to appellant, saying Lets go. As the three defendants fled, deputies arrived. Appellant and Isiah were apprehended immediately, and Harris was apprehended a short time later.
On October 5, 2006, , appellant entered a no contest plea to count one with a section 12022, subdivision (a)(1) enhancement. Pursuant to a plea bargain, probation was denied and appellant was sentenced to the high term of five years (count one) and one year consecutive for the section 12022, subdivision (a) (1) enhancement, for a total term of six years. Appellant was ordered to pay restitution and parole revocation fines of $1,000. ( 1202.4, subd. (b), 1202.45)~ He was awarded 44 actual days credit, 7 days of good time/work time credit, for a total of 51 days total credit.
Appellant filed a timely notice of appeal on December 11, 2006. Appellant did request a certificate of probable cause.
We appointed counsel to represent defendant on appeal. On May 31, 2007, appointed counsel filed a brief in which no issues are raised. (People v. Wende (1979) 25 Cal.3d 436, 441-442.) On June 1, 2007, we advised defendant he had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or argument he wished this court to consider. To date no response has been received.
We have examined the entire record and are satisfied that defendants appellate attorneys have fully complied with their responsibilities and that no arguable issues favorable to him exist. (Smith v. Robbins (2000) 528 U.S. 259, 279-280; People v. Wende, supra, 25 Cal.3d at pp. 441, 443.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
COOPER, P.J.
We concur:
RUBIN, J.
FLIER, J.
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[1] All further statutory references are to the Penal Code.
