Filed 12/13/18 P. v. McCoy CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Elisabeth Sichel, Judge. (Retired Judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Kevin J. Lindsley, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant, Jamel McCoy, entered a guilty plea to the court to false imprisonment (count 1; Pen. Code, § 236)[1] and two counts of robbery (counts 2 & 3; § 211). Defendant additionally admitted that a person with whom he committed the counts 1 and 2 offenses was armed (§ 12022, subd. (a)(1)) and that he himself was personally armed while he committed the count 3 offense (§ 12022.53, subd. (b)). As indicated, the court sentenced defendant to an aggregate sentence of 15 years of imprisonment. The court later granted a request pursuant to an ex parte letter from defense counsel and stayed punishment on the count 1 offense and attached enhancement, resulting in reduction of defendant’s aggregate sentence to 14 years four months of imprisonment.

After defense counsel from Appellate Defenders, Inc. filed a notice of appeal, 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 facts, a statement of the case, and one potentially arguable issue: whether the court took a sufficient factual basis for the plea. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

The People filed a felony information alleging defendant had committed four robberies. (Counts 1, 2, 5, & 6; § 211.) The People further alleged defendant personally used a firearm in his commission of the offenses in counts 1, 5, and 6 (§§ 12022.53, subd. (b), 1192.7, subd. (c)(8)) and that a person with whom defendant committed the offense in count 2 was armed (§ 12022, subd. (a)(1)).

Defendant entered the plea as recounted above to the counts and allegations as alleged in the information amended upon the People’s oral motion. As to the count 1 offense, the court asked if defendant was pleading guilty “because you did, in fact, . . . falsely imprison [the victim]? Did you stop him from leaving . . . .” Defendant answered, “Yes.” The court then asked if someone else there had a gun. Defendant responded, “Yes.”

As to count 2, the court asked if defendant was pleading guilty because he robbed the victim; if he “willfully and unlawfully, by means of force or fear took property from the immediate presence of” the victim. Defendant answered, “Yes.” The court asked if, when he committed the robbery, someone else with him used a firearm. Defendant responded, “Yes, your Honor.”

As to count 3, the court asked if defendant was pleading guilty because he “took some property in the presence of” another victim. Defendant answered, “Yes, your Honor.” The court stated, “they are saying that—there are people that are alleging that you had a firearm that—personally on you.” Defendant responded, “Yes, your Honor.”

II. DISCUSSION

We offered defendant an opportunity to file a personal supplemental brief, which he has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.

III. DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER

Acting P. J.

We concur:

MILLER

J.

SLOUGH

J.