People v. Mosley CA6

Filed 9/21/15 P. v. Mosley CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H041661 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1239917)

v.

AIKILI MOSLEY,

Defendant and Appellant.

Defendant Aikili Mosley pleaded no contest to seven counts of robbery and two counts of false imprisonment. He admitted that all of the offenses were committed for the benefit of and in association with a criminal street gang, that a principal personally used a firearm during the commission of the robberies, and that he personally used a firearm during the commission of the false imprisonments. The court sentenced defendant to 19 years four months in prison. Defendant’s counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. We notified defendant of his right to submit a written argument on his own behalf, but he has not done so. Pursuant to Wende, we reviewed the entire record and have concluded that there are no arguable issues on appeal. As required by People v. Kelly (2006) 40 Cal.4th 106, 110, we will provide “a brief description of the facts and procedural history of the case, the crimes of which defendant was convicted, and the punishment imposed.” We will

further include information about aspects of the trial court proceedings that might become relevant in future proceedings. (Id. at p. 112.) I. FACTUAL AND PROCEDURAL BACKGROUND1 On the afternoon of August 27, 2012, defendant (then 20 years old) and Glenn Johnson robbed a Wells Fargo bank in San Jose. During the robbery they wore ski masks and brandished firearms. One of the men jumped over the teller counter and demanded cash from the tellers, which he put in a pillowcase. There were seven bank employees and two customers present during the robbery. The men fled the scene in a stolen vehicle, which they abandoned a short distance away. They continued to flee on foot. San Jose police arrested defendant as he fled. His shoes resembled those of the robbery suspect who jumped over the teller counter, as seen on a video of the robbery. A pillowcase containing $9,847 in cash and a loaded gun was recovered nearby. Shortly thereafter, police stopped a vehicle registered to defendant. Martel Williams was driving the vehicle and Johnson was in the passenger’s seat. Williams and Johnson were arrested. Police determined that all three suspects were documented members of the East Coast Crips gang and were from Los Angeles. Each man had tattoos associated with the East Coast Crips. Williams told police an older member of the gang had planned the robbery. Williams was supposed to drive defendant and Johnson back to Los Angeles after the robbery in exchange for $200. He admitted to being a member of the East Coast Crips. Johnson admitted to police that he was involved in the robbery. On August 29, 2012, the Santa Clara County District Attorney charged Williams, Johnson, and defendant with seven counts of robbery (one for each bank employee) and two counts of false imprisonment (one for each bank customer). (Pen. Code, §§ 211,