Filed 8/15/12 P. v. Smith
CA6
NOT TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE
PEOPLE,
Plaintiff and Respondent,
v.
CLANCY
RAY SMITH,
Defendant and Appellant.
H037959
(Monterey
County
Super. Ct. No. SS111468)
On
October 24, 2011,
defendant Clancy Ray Smith pleaded guilty to one count of
admitted allegations that he had suffered both a prior strike conviction (§
1170.12, subd. (c)(1)) and had served a prior prison term (§ 667.5, subd.
(b)). On December 15, 2011, after
granting Smith’s Romero
the trial court struck the prior strike and the prior prison term allegation,
along with all remaining charges, enhancements and special allegations. Smith was sentenced to the lower term of two
years in prison, and awarded custody credits of 131 days and 19 days of conduct
credits for a total of 150 days.
We appointed
court. Appointed counsel filed an
opening brief which states the case and the facts, but raises no specific
issues. We notified Smith of his
own behalf within 30 days. That period
has elapsed, and we have received no written argument from Smith.
I. Factual and Procedural Background
As Smith
pleaded no contest to the charges, we derive the facts from the probation
report and other documents in the record on appeal.
“On August 8, 2011, at about 2:00 A.M., a strong arm robbery occurred in the
1100 block of Ord Grove. Clancy Smith
and Caleb Thomas were later positively identified by the victim in this case as
being the two men who pushed her down to the ground, causing minor scrapes to
her elbow and took an 18 pack of Budweiser beer, a black shopping bag containing
three 24 ounce cans of Budweiser and the victim’s purse. Smith and Thomas then left the area, and were
later located in the 1300 block of La Salle, at the Boys
and Girls Club, and they were in possession of the 18 pack of Budweiser, and
black shopping bag containing a three pack of 24 ounce Budweiser cans. [¶] The
victim reported that both men came from the VFW hall, and approached her. One of the men started talking to her, and
she ignored them and kept walking. One
man then shoved her to the ground, and the other man picked up the bag, her
purse and the 18 pack of Budweiser. [¶] After both Smith and Thomas were
arrested and taken into custody, they were transported to the police
station. They were Mirandized and
interviewed separately. [¶] Smith told the officers that he had been at the VFW
partying with friends, and when he was getting ready to leave, he ran into
Thomas, who he originally identified as his nephew. As the interview progressed, it was discovered
that there was no blood relation between Smith and Thomas, and that they were
friends. Smith said that Thomas was
carrying the bag and the 18 pack of beer and he had no idea where he got the
beer from. Smith stated he had no reason
to rob anyone of beer when he has money and, more importantly, he drinks
vodka. Smith said that he was discharged
from parole in January. [¶] After interviewing Smith, the officer spoke with
Thomas. Thomas said he was partying at
the VFW and that he met up with Smith.
Thomas said that Smith was already in possession of the beer and asked
him if he wanted to leave the VFW and go to his sister’s house in the projects
and drink. Thomas said he agreed with
that suggestion.”
By
information dated August 29, 2011,
Smith was charged with second degree robbery (§ 211). The information further alleged that Smith
had two prior strike convictions for kidnapping
and robbery (§ 1170.12, subd. (c)(2)) and had served two prior prison terms
(§ 667.5, subd. (b)).
On October
24, 2011, Smith changed his plea from not guilty to nolo contendere to second
degree robbery, conditional on his being sentenced to no more than five years
in prison. The prosecution dismissed one
prior strike (kidnapping) pursuant to section 207, and Smith admitted the
remaining strike, as well as one prison prior.
At
sentencing, Smith’s Romero motion was
granted, and the court struck or dismissed all remaining charges, enhancements
and special allegations. Smith was
sentenced to the lower term of two years in prison. He was awarded custody credits of 131 days,
plus 19 days of conduct credits (calculated at 15 percent). Smith was further ordered to pay a
restitution fine of $200 (§ 1202.4, subd. (b)) plus victim restitution in an
amount to be determined. The court
imposed and suspended an additional restitution fund fine pending Smith’s
successful completion of parole (§ 1202.45).
Smith was also ordered to pay a $40 court security fee (§ 1465.8), a
criminal conviction assessment of $30 (Gov. Code, § 70373) and a crime
prevention fund fine of $10 (§ 1202.5).
Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the whole
record and have concluded there is no arguable issue on appeal.
The
judgment is affirmed.
Premo,
Acting P.J.
WE CONCUR:
Mihara,
J.
Márquez,
J.
Further unspecified statutory references are to the Penal Code.
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