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P. v. Anderson

P. v. Anderson
06:12:2008



P. v. Anderson



Filed 6/2/08 P. v. Anderson CA4/1



NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



COURT OF APPEAL, FOURTH APPELLATE DISTRICT



DIVISION ONE



STATE OF CALIFORNIA



THE PEOPLE,



Plaintiff and Respondent,



v.



DANIEL ANDERSON,



Defendant and Appellant.



D051565



(Super. Ct. No. SCD201549)



APPEAL from a judgment of the Superior Court of San Diego County, David J. Danielsen, Judge. Affirmed.



Daniel Anderson pled guilty to three counts of first degree robbery (Pen. Code,[1] 211, 212.5, subd. (a)), 10 counts of robbery ( 211), one count of attempted robbery ( 211, 664), one count of residential burglary ( 459, 460), one count of possession of a prohibited firearm ( 12021, subd. (e)), and one count of transporting more than 28.5 grams of marijuana (Health & Saf. Code, 11360, subd. (a)). In each of the robbery counts as well as the attempted robbery count, Anderson admitted he personally used a firearm within the meaning of section 12022.53, subdivision (b). There was no plea bargain. The court sentenced Anderson to 26 years and eight months in prison. Anderson did not obtain a certificate of probable cause.



FACTS



From late March 2006 through mid-August 2006, Anderson robbed three taxicab drivers, three liquor store clerks, one liquor store customer, two couples sitting in their vehicles, and a guest at a motel. During this period Anderson also attempted to rob a pedestrian, but the individual did not have any cash on him. Anderson was armed and displayed a firearm in each of the above crimes. On August 1 Anderson broke into the house of a woman and stole a Ruger .357 Police Speed Six handgun, which he used in some of the robberies. During this crime spree, Anderson was 19 years old. He was on juvenile parole after the juvenile court found he had committed carjacking ( 215, subd. (a)) in 2002 and sentenced him to the California Youth Authority.



DISCUSSION



Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether Anderson's guilty plea was constitutionally valid; and (2) whether Anderson was properly advised that he could receive a sentence of 26 years and eight months as a result of his guilty plea.



We granted Anderson permission to file a brief on his own behalf. He has not responded.



A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Anderson on this appeal.



DISPOSITION



The judgment is affirmed.





BENKE, Acting P. J.



WE CONCUR:





O'ROURKE, J.





IRION, J.



Publication courtesy of California pro bono legal advice.



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San Diego Case Information provided by www.fearnotlaw.com







[1] Statutory references are to the Penal Code unless otherwise specified.





Description Daniel Anderson pled guilty to three counts of first degree robbery (Pen. Code,[1] 211, 212.5, subd. (a)), 10 counts of robbery ( 211), one count of attempted robbery ( 211, 664), one count of residential burglary ( 459, 460), one count of possession of a prohibited firearm ( 12021, subd. (e)), and one count of transporting more than 28.5 grams of marijuana (Health & Saf. Code, 11360, subd. (a)). In each of the robbery counts as well as the attempted robbery count, Anderson admitted he personally used a firearm within the meaning of section 12022.53, subdivision (b). There was no plea bargain. The court sentenced Anderson to 26 years and eight months in prison. Anderson did not obtain a certificate of probable cause. The judgment is affirmed.


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