P. v. Cooper
Filed 2/27/09 P. v. Cooper CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE
THE PEOPLE, Plaintiff and Respondent, v. DONTAY COOPER, Defendant and Appellant. | B212173 (Los Angeles County Super. Ct. No. LA058741) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Kathryne A. Stoltz, Judge. Affirmed.
William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_______________________________________
Following a preliminary hearing in which defendant and appellant Dontay Cooper was held to answer on seven felony counts and related firearm use allegations, defendant entered no contest pleas to two counts of second degree robbery (Pen. Code, 211) and admitted the personal use of a firearm (Pen. Code, 12022.53, subd. (b)). Pursuant to an agreed upon disposition, defendant was sentenced to concurrent 12-year terms on the two counts, comprised of the low term of 2 years for the robberies and 10 years for the weapon enhancements. The court awarded defendant appropriate custody and conduct credits and imposed all pertinent fines and fees.
Defendant filed a notice of appeal from the judgment indicating the appeal was based on the sentence of matters occurring after the plea pursuant to California Rules of Court, rule 8.304. Counsel was appointed to represent defendant on appeal. Appointed counsel filed a brief raising no appellate issues and requesting this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Defendant was advised by letter of his right to submit a brief within 30 days. No brief has been filed by defendant.
According to the preliminary hearing transcript, on April 12, 2008, Beatriz Romo was in a car with Karla Brizuela and Mirna Samanon on their way to a bar in North Hollywood. Once the car was parked and the three women were on the sidewalk, defendant approached with a gun and demanded property. Ms. Romo gave him $100 from her purse. Defendant also took property from Ms. Brizuela. Ms. Samanon ran off and was not robbed. After being taken into custody, defendant confessed to the robberies.
We have completed an independent review of the record. There are no arguable appellate issues. The judgment is affirmed. (Smith v. Robbins (2000) 528 U.S. 259.)
KRIEGLER, J.
We concur:
TURNER, P. J.
MOSK, J.
Publication courtesy of San Diego pro bono legal advice.
Analysis and review provided by Poway Property line attorney.
