People v. Rodriguez CA4/3

Filed 9/19/14 P. v. Rodriguez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G049415

v. (Super. Ct. No. 10CF2843)

EDWIN RODRIGUEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, W. Michael Hayes, Judges. Affirmed. Edwin Rodriguez, in pro. per.; James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

Defendant Edwin Rodriguez was convicted by jury of the following offenses: Count 1- Robbery of Daniel Flores on September 23, 2010 (Pen. Code, §§ 211, 1 212.5, subd. (c)) ; Count 2 — Robbery of Douglas Schmidt on September 23, 2010 (§§ 211, 212.5, subd (c)); Count 4 — Robbery of Jose Contreras on September 28, 2010 (§§ 211, 212.5, subd. (c)); Count 5 — Attempted robbery of Luis Flores on September 28, 2010 (§§ 664, 211, 212.5, subd. (c)); Count 6 — Assault with a deadly weapon upon Luis Flores on September 28, 2010 (§ 245, subd. (a)(1)); Count 9 — Carrying a loaded unregistered firearm in public on November 6, 2010 (former § 12031, subds. (a)(1), (a)(2), now § 25850 subds (a), (c)); Count 10 — Carrying a concealed dirk or dagger on November 6, 2010 (former § 12020, subds. (a), (c)(4), now § 21310); and Count 11 — Resisting a police officer on November 6, 2010 (§ 148, subd. (a)(1)). In addition, the jury found true the allegations that defendant personally used a firearm in committing the offenses charged in counts 1, 2, 4, and 5 within the meaning of section 12022.53, subdivision (b). The court sentenced defendant to an aggregate state prison term of 16 years, comprised of the upper term of five years on count 1, a consecutive term of 10 years for the arming enhancement on count 1, and a consecutive term of one year on count 6 (one- third the mid-term). Sentences on the remaining counts and enhancements were imposed and ordered to run concurrently with the sentences on count 1. Defendant appealed the judgment and we appointed counsel to represent him. Counsel did not argue against defendant, but advised the court he was unable to find an issue to argue on defendant’s behalf. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was given an opportunity to file written argument in his own behalf, and he has done so, submitting a two-page handwritten brief.