P. v. Puerto
Filed 6/26/12 P. v. Puerto CA2/5
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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.
FELIX ALBERTO PUERTO et al.,
Defendants and Appellants.
B236191
(Los Angeles
County Super.
Ct.
No. VA115570)
APPEAL from
a judgment of the Superior Court
of
County, Peter Espinoza, Judge.
Affirmed.
Linn Davis,
under appointment by the Court of Appeal, for Defendant and Appellant Felix
Alberto Puerto.
Trisha
Newman, under appointment by the Court of Appeal, for Defendant and Appellant
Juan C. Abelar.
No
appearance for Plaintiff and Respondent.
_______________________________________
Defendants and appellants Juan C. Abelar and Felix
Alberto Puerto were convicted by jury in count 1 of
section 215, subdivision (a),
name="_ftnref1" title="">[1] and in count 2 with first degree robbery in
violation of section 211. The jury
further found, as to both counts, that a principal was armed with a firearm (§
12022, subd. (a)(1)) and defendants used a firearm (§ 12022.53, subd.
(b)). The trial court sentenced Abelar
to 15 years in state prison. Puerto received a 19-year state prison term.
Defendants
filed timely notices of appeal. This court appointed attorneys to represent
defendants on appeal. Both appointed
counsels filed briefs raising no issues but requesting this court to
independently review the record for arguable appellate contentions pursuant to
436. Each defendant was advised by
letter from this court of his right to file a
defendants, and no supplemental briefs have been received.
Viewed in
the light most favorable to the judgment, the record establishes that Armando
Villanueva was working as an unlicensed taxicab driver on June 2, 2010.
He picked up defendants and a female as a fare. After arriving where directed by the
passengers, Villanueva asked to be paid.
Instead, he was accosted by defendants, each displaying a handgun, and
robbed of cash and his cell phone.
Defendants and the female drove off in Villanueva’s taxi. Shortly after Villanueva reported the crime,
his cab was discovered on a nearby street.
Villanueva observed the three passengers walking on the street and
notified the police, who took defendants into custody. Villanueva identified defendants in a field
show-up and at trial.
We have examined the record for arguable appellate
contentions and find none. The
convictions are supported by substantial
evidence. The sentences imposed were
within the ranges provided by law. The
judgments are affirmed. (
259.)
KRIEGLER,
J.
We concur:
ARMSTRONG,
Acting P. J.
MOSK,
J.
name="_ftn1" title="">[1] All
statutory references are to the Penal Code.
