People v. Narvaez CA1/5

Filed 2/5/24 P. v. Narvaez CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A168482 v. ROMMEL NARVAEZ, (San Mateo County Defendant and Appellant. Super. Ct. No. SC078039A)

Defendant appeals from a judgment of conviction and sentence after he entered a no contest plea to second degree robbery (Pen. Code, § 212.5, subd. (c); count 1);1 admitted a weapon enhancement pursuant to section 12022.5; and admitted a prior strike offense under section 1170.12, subdivision (c)(1). Defendant’s attorney asks that we independently review the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). We find no arguable issues and we affirm. FACTUAL AND PROCEDURAL BACKGROUND On August 20, 2013, the San Mateo County District Attorney filed an amended information alleging that on April 8, 2013, defendant committed one count of robbery (§ 212.5, subd. (c); count 1) and one count of assault with

1 All further statutory references are to the Penal Code unless

otherwise indicated.

1

a firearm against victim J.C. (§ 245; count 2). The amended information also alleged enhancements for the personal use of a firearm, under sections 12022.53, subdivision (b) and 12022.5, subdivision (a), and for a prior strike and a prior serious felony conviction in 2011 (§§ 667, subd. (a), 1170.12, subd. (c)(1)).2 On September 30, 2013, defendant was released on bail pending trial. On December 2, 2013, defendant failed to appear for trial and a bench warrant was issued. On August 31, 2016, defendant was arrested and again released on bail. A jury trial began on May 30, 2018. On the fifth day of the jury trial, a mistrial was declared after the trial judge learned defendant had contacted jurors during the trial. Defendant was charged with jury tampering in a separate action and held without bail. While in custody on the two pending cases, defendant was arrested for making fraudulent claims to the Employment Development Department, for unemployment benefits. On January 13, 2023, defendant agreed to a negotiated disposition of all three matters. As to the robbery case, defendant submitted a signed document entitled “Declaration Concerning a Plea or Change of Plea to Guilty or Nolo Contendere,” stating he was changing his plea to nolo contendere on second degree robbery (§ 212.5, subd. (c); count 1) and admitting the section 12022.5 firearm enhancement and the prior strike (§ 1170.12, subd. (c)(1)) in exchange for a sentence range between 9 and 16 years, consecutive to the other two cases. The declaration acknowledged that