P. v. Malveaux

 

 

 

 

 

 

 

 

Filed 5/29/13  P. v. Malveaux CA4/2

 

 

 

 

 

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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>

 

FOURTH APPELLATE DISTRICT

 

DIVISION TWO

 

 

 
>

THE PEOPLE,               Plaintiff and Respondent,   v.   CHRISTOPHER ERIC MALVEAUX,               Defendant and Appellant.

E057517               (Super.Ct.No. RIF1202423)               OPINION

 

            APPEAL
from the Superior Court
of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">Riverside
County.  Becky Dugan, Judge.

Affirmed.

            Jamie
Popper, under appointment by the Court of Appeal, for Defendant and Appellant.

            No
appearance for Plaintiff and Respondent.




>INTRODUCTION

            On
May 29, 2012, an amended
felony complaint charged defendant and appellant Christopher Eric Malveaux with
two counts of felony robbery (Pen. Code, § 211,
counts 1 & 2), and one misdemeanor count of being under the
influence of a controlled substance (Health & Saf. Code, § 11550, subd.
(a), count 3).  The complaint also
alleged that defendant personally used a firearm in the commission of counts 1
and 2.  (Pen. Code, § 12022.53, subd. (b).)

            On
September 18, 2012,
defendant pleaded guilty to count 1 and admitted the personal gun use
enhancement.  In exchange, the parties
agreed to a prison term of 12 years in state prison and the dismissal of
the other charges and allegations.

            On
September 28, 2012, the
trial court sentenced defendant to 12 years in state prison, comprised of the
low term of two years for the robbery conviction and a consecutive 10-year term
for the gun enhancement.  The court
dismissed the other allegations and charges, and awarded defendant 151 days of
actual credits and 22 days of conduct credits.

            On
November 16, 2012,
defendant filed a timely notice of appeal
from his sentence or other matters after the plea.

>STATEMENT OF FACTS

            The
factual basis in this case was that “on April
30th, 2012, in Riverside County,
[defendant] robbed a person using a gun.”




>ANALYSIS

After defendant appealed,
and upon his request, this court appointed counsel to represent him.  Counsel has filed a brief under the authority
of People v. Wende (1979) 25 Cal.3d
436 and Anders v. California (1967)
386 U.S. 738, setting forth a statement of the case, a summary of the facts and
potential arguable issues, and requesting this court to undertake a review of
the entire record.

            We
offered defendant an opportunity to file a personal
supplemental brief, but he has not done so. 
Pursuant to the mandate of People
v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of
the record and find no arguable issues.

>DISPOSITION

            The
judgment is affirmed.

            NOT
TO BE PUBLISHED IN OFFICIAL REPORTS

 

 

McKINSTER                        

                                                J.

 

We concur:

 

 

 

RAMIREZ                             

                                         P. J.

 

 

 

CODRINGTON                    

                                             J.