People v. Smith CA3

Filed 7/16/15 P. v. Smith CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C076352

Plaintiff and Respondent, (Super. Ct. No. 11F00125)

v.

GRANVILLE WILLIAM SMITH,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment. However, we have identified an entry on the abstract that must be corrected. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) FACTUAL AND PROCEDURAL BACKGROUND On December 10, 2010, defendant Granville William Smith entered a credit union and approached teller Kelly Kulesza. He gave her a note demanding money. Out of fear,

1

Kulesza gave defendant money from her station. Defendant fled with the money. On January 4, 2011, defendant entered a bank and approached teller Bonnie Hall. He gave her a note demanding money and showed her the gun he had inside his jacket. Hall gave defendant money from the bank. Defendant fled the scene and was later apprehended. A complaint deemed an information charged defendant with six counts of second degree robbery (Pen. Code, § 211--counts 1 through 6),1 and one count of being an ex- felon in possession of a firearm (§ 12021, subd. (a)(1)--count 7). As to counts 5 and 6 it was also alleged defendant personally used a firearm. (§ 12022.53, subd. (b).) The information also alleged defendant had a prior strike conviction. (§ 1192.7, subd. (c).) Defendant entered a plea of no contest to two counts of robbery, counts 2 and 6, admitted he had personally used a firearm, and admitted he had a prior serious felony conviction. The trial court sentenced defendant to an aggregate term of 22 years in state prison. The trial court awarded defendant 1,152 days of actual presentence custody credit, and ordered defendant to pay a $4,400 restitution fund fine (§ 1202.4), direct victim restitution of $4,400 to SAFE Credit Union, $2,383 to Big Valley Federal Credit Union, $427 to California Community Credit Union, $882 to Heritage Community Credit Union, $4,606 to First Bank, $1,494 to Kulesza, a $287.78 main jail booking fee (Gov. Code, § 29550.2), a $59.23 main jail classification fee (Gov. Code, § 29550.2), a $10 crime prevention program fine (§ 1202.5), an $80 court operation assessment fine (§ 1465.8), and a court facility fee of $60 (Gov. Code, § 70373). The remaining counts were dismissed with a Harvey2 waiver. Defendant appeals. He did not obtain a certificate of probable cause. (§ 1237.5.)