People v. Reese CA6

Filed 1/9/15 P. v. Reese CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H040717 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1360977)

v.

MARQUESE REESE,

Defendant and Appellant.

Defendant Marquese Reese appeals his judgment of conviction following no contest pleas to four counts of second-degree robbery. (Pen. Code, §§ 211, 212.5, subd. (c).)1 Upon defendant’s timely appeal, we appointed counsel to represent him in this court. Appellate counsel filed a brief stating the case and facts but raising no issues. We notified defendant of his right to submit written argument on his own behalf. Defendant responded by filing a letter addressed to his appellate attorney and to the Clerk of this court. We have reviewed the entire record to determine if there are any arguable appellate issues. (People v. Wende (1979) 25 Cal.3d 436, 440-441.) We include here “a brief description of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed.” (People v. Kelly (2006) 40 Cal.4th 106, 123-124.) We also discuss defendant’s contentions and explain why we will affirm the judgment.

1 Unspecified statutory references are to the Penal Code.

I. TRIAL COURT PROCEEDINGS The first amended felony complaint alleged fifteen counts related to five robberies and a vehicle theft that all occurred between late June and early July 2013. Counts one and two alleged second-degree robbery of a Shell gas station in San Jose, with firearm use enhancements. (Pen. Code, §§ 211, 212.5, subd. (c), 12022.53, subd. (b).) Count three alleged possession of a firearm by a felon related to that San Jose Shell robbery. (§ 29800, subd. (a)(1).) Count four alleged second-degree robbery of a Stop and Buy store with a firearm use enhancement. (§§ 211, 212.5, subd. (c), 12022.53, subd. (b).) Count five alleged possession of a firearm by a felon related to the Stop and Buy robbery. (§ 29800, subd. (a)(1).) Count six alleged second-degree robbery of a Shell gas station in Palo Alto with a firearm use enhancement. (§§ 211, 212.5, subd. (c), 12022.53, subd. (b).) Count seven alleged possession of a firearm by a felon related to the Palo Alto Shell robbery. (§ 29800, subd. (a)(1).) Counts eight and nine alleged second-degree robbery of a USA Gas Station with firearm use enhancements. (§§ 211, 212.5, subd. (c), 12022.53, subd. (b).) Count ten alleged possession of a firearm by a felon related to the USA Gas Station robbery. (§ 29800, subd. (a)(1).) Counts eleven and twelve alleged second-degree robbery of a Valero gas station with firearm use enhancements. (§§ 211, 212.5, subd. (c), 12022.53, subd. (b).) Count thirteen alleged possession of a firearm by a felon related to the Valero robbery. (§ 29800, subd. (a)(1).) Count fourteen alleged theft of a vehicle. (Veh. Code, § 10851, subd. (a).) Count fifteen alleged defendant resisted arrest. (§ 148, subd. (a)(1).) The first amended complaint also alleged two prior felony convictions resulting in prison terms (one for vehicle theft (Veh. Code, § 10851, subd. (a)) and the other for evading a peace officer (Veh. Code, § 2800.2)). (§ 667.5, subd. (b).) The parties reached a plea agreement, which was stated on the record at a December 2013 hearing. Defendant affirmed, among other things, that he had not been pressured to enter a plea agreement and that he would be giving up important 2