P. v. Chambers

Filed 8/13/09 P. v. Chambers CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE COURT:*

Janelle Miralynn Chambers (appellant) appeals from the judgment entered following her open plea of guilty to one count of first degree residential robbery (Pen. Code, 211)[1] (count 1); two counts of identity theft ( 530.5, subd. (a)) (counts 2 and 3); and one count of attempted identity theft ( 664, 530.5, subd. (a)). Appellant admitted the special allegations that the victim was a person who was 65 years of age or older within the meaning of section 667.9, subdivision (a) and that she personally used a dangerous or deadly weapon within the meaning of section 12022, subdivision (b)(1). Appellant admitted the allegation that a presumptive state prison sentence was required because the victim was a person over the age of 60 within the meaning of section 1203.09, subdivision (f).

The trial court sentenced appellant to the low term of three years for the robbery and imposed a one-year enhancement for the personal use of a weapon and a one-year enhancement for the fact that the victim was elderly, for a total term of five years in count 1. In counts 2 and 3 the trial court imposed concurrent midterms of two years. In count 4, the trial court imposed a concurrent midterm of one year. The trial court ordered appellant to pay, jointly and severally with her codefendant, the sum of $300 in restitution to the victim. The trial court reserved jurisdiction as to any future restitution orders.

We appointed counsel to represent appellant on this appeal. After examination of the record, counsel filed an opening brief containing an acknowledgment that she had been unable to find any arguable issues. On March 25, 2009, we advised appellant that she had 30 days within which to personally submit any contentions or issues that she wished us to consider. No response has been received to date.

The record shows that on September 24, 2007, Mary Anne McNeal (McNeal) returned to her Torrance home after shopping at a local hardware store.[2] She parked her car inside her garage. While the garage door was still open, she stopped to glance at a newspaper. Someone tapped McNeal on the shoulder. When McNeal turned around, a person, later identified as appellant, sprayed McNeal in the face with pepper spray and grabbed McNeals purse. Appellant then hurried down the driveway and entered the passenger side of a waiting automobile. McNeal was able to note the cars license plate number. She reported the license number to the operator when she called 911. McNeal had $300 in cash in her purse in addition to her credit cards, a blank check, and other items.

Detective Daniel Moreno (Moreno) investigated the robbery. He discovered that McNeals credit cards had been used on the day of the robbery at several locations.

On November 20, 2007, police followed appellant and her codefendant to the Los Angeles International Airport. The two women were in the car with the license number reported by McNeal. Appellant and her codefendant were arrested, and police found a purse resembling McNeals in the trunk of the car. A Social Security card bearing McNeals name was sticking out of the purse. A can of pepper spray was in the cars center console. Appellant told Moreno that she and her codefendant followed McNeals car from the hardware store to her home. After taking her purse, they used her credit cards.

We have examined the entire record, including the Marsden[3] hearing, and are satisfied that appellants attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

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* DOI TODD, Acting P. J., ASHMANN-GERST, J., CHAVEZ, J.

[1] All further references to statutes are to the Penal Code unless otherwise indicated.

[2] Because appellant pleaded guilty before trial, we obtain the facts from the transcript of the preliminary hearing.

[3]People v. Marsden (1970) 2 Cal.3d 118 (Marsden).