P. v. Lockhart
Filed 8/27/13 P. v. Lockhart CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
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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opinion has not been certified for publication or ordered published for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
FIFTH APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and
Respondent,
v.
ROBERT LEE LOCKHART,
Defendant and
Appellant.
F065228
(Fresno
Super. Ct. Nos. F11906070 &
F11903435)
THE COURT
name="_ftnref1" title="">*
APPEAL from
a judgment of the Superior Court
of
County. Don D. Penner,
Judge.
Deborah
Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of
the State Attorney General, Sacramento, California,
for Plaintiff and Respondent.
-ooOoo-
Appellant/defendant
Robert Lee Lockhart pleaded no contest in two separate cases to
(§ 12025, subd. (b)(6), and admitted an
(§ 12022.1). He was sentenced to
the stipulated term of four years eight months.
On appeal, his appellate counsel
has filed a brief which summarizes the facts, with citations to the record, raises
no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436
(Wende).) We will affirm.
Case No. F11903435
On the
afternoon of April 15, 2011,
Edgar Flores went to Westside Market on South Elm in Fresno
County to cash a check for
approximately $1140. As the clerk
counted the cash for Flores, two men entered the
market. One man walked by the counter
and saw the cash, and the two men left the store.
Flores
took his money and got into his car, which was parked in front of the
market. As he sat in his vehicle, three
men attacked and assaulted him. They
beat him, pulled at his clothing, put their hands in his pockets, and demanded
that he give the money to them. During
the beating, Flores dropped the cash, and one of the
assailants picked up the money. Another
assailant checked Flores’s pockets again and took his
cell phone. The three men ran away.
During the
investigation, the officers found defendant’s fingerprints on Flores’s
car door. The officers showed
photographic lineups, which included defendant’s picture, to Flores
and two store clerks. Flores and the
clerks identified defendant as one of the three men who assaulted Flores
and ran away with his money. Defendant
was also observed on the store’s surveillance videotape. Flores identified
defendant at the preliminary hearing.
On June 1, 2011, defendant was arrested for this offense.
On August 23, 2011, an information was
filed in the Superior Court
of Fresno County
charging defendant with the second degree robbery of Flores.
Case No. F11906070
On September 20, 2011, officers with the
Violent Crimes Impact Team were patrolling an area known for narcotic sales,
robberies, and thefts. They observed
defendant and several other men loitering at a bus stop. As the officers drove past the bus stop,
defendant walked away, reached into his waistband, and threw a black handgun
over a fence. The officers detained
defendant, and then checked the other side of the fence. They found a .380-caliber semiautomatic
handgun on the ground. It was loaded
with one live round in the chamber and five live rounds in the magazine. Defendant was not the registered owner of the
handgun. Defendant was on bail in the
robbery case.
On October 20, 2011, a complaint was
filed which charged defendant with count I,
(§ 12025, subd. (b)(6)), and count II, carrying a loaded firearm
registered to another individual (§ 12031, subd. (a)(2)(F)), with an
on-bail enhancement (§ 12022.1).
Plea and sentencing proceedings
On March 22, 2012, the court heard and
denied defendant’s motion for appointment of a new attorney, pursuant to
On April 13, 2012, defendant pleaded no
contest to second degree robbery in case No. F11903435. He also pleaded no contest to carrying a
concealed weapon and admitted the on-bail enhancement in case No. F11906070,
for a stipulated term of four years eight months in both cases. The court dismissed the remaining charges,
along with the allegations in an unrelated case (No. F12901347).
On June 1, 2012, the court sentenced
defendant to the lower term of two years for second degree robbery, plus eight
months (one-third the midterm) for carrying a concealed weapon, and two years
for the on-bail enhancement, for an aggregate term of four years eight
months. Defendant was awarded 123 days
of presentence credit. As to each case,
the court imposed a $240 restitution fine (§ 1202.4, subd. (b)); a suspended
$240 parole revocation fine (§ 1202.45); a $40 court security fee; and a
$30 criminal conviction assessment. The
court reserved jurisdiction as to victim restitution.
On June 22, 2012, defendant filed timely
notices of appeal in both cases.
As noted
above, defendant’s appellate counsel has filed a Wende brief with this court.
The brief also includes the declaration of appellate counsel indicating
defendant was advised he could file his own brief with this court. By letter on September 25, 2012, we invited defendant to submit
additional briefing. To date, he has not
done so.
Defendant
has failed to obtain a certificate of
probable cause and therefore cannot challenge the underlying validity of
his pleas. (People v. Panizzon (1996) 13 Cal.4th 68, 77-79.)
After
independent review of the record, we find that no reasonably arguable factual
or legal issues exist.
The
judgment is affirmed.
Detjen, J.
Penal Code unless otherwise indicated.
