Filed 5/1/14 P. v. Lopez CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D064790
Plaintiff and Respondent,
v. (Super. Ct. No. SCD245557)
ADRIAN LOPEZ,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Eugenia
Eyherabide, Judge. Affirmed.
Patricia Ihara, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Adrian Lopez appeals the judgment sentencing him to prison for the agreed
15-year term after he pled guilty to robbery, admitted allegations of a prior serious felony
conviction, and did not appear at the scheduled sentencing hearing. Appointed counsel
filed a brief pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) and People v.
Wende (1979) 25 Cal.3d 436 (Wende) that identified six issues upon which he requested
our independent review. We discern no arguable appellate issues and affirm.
BACKGROUND
Lopez punched a man in the face and stole money the man was holding and his
wallet. Lopez pled guilty to robbery (Pen. Code, § 211) and admitted he had a prior
robbery conviction, which constituted both a serious felony conviction subject to a five-
year enhancement (id., § 667, subd. (a)(1)) and a strike for purposes of the "Three
Strikes" law (id., §§ 667, subds. (b)-(i), 1170.12). In exchange, the People agreed to the
imposition of a nine-year prison sentence. One of the terms of the plea agreement was
that Lopez would be released from custody pending sentencing, but if he did not appear
at the sentencing hearing, the court would impose the maximum prison term of 15 years.
Lopez was released from custody and ordered to return on a specified date for
sentencing. When he failed to appear, the court issued a warrant for his arrest, and he
was taken into custody.
At a hearing set for sentencing, the court denied Lopez's motion under People v.
Marsden (1970) 2 Cal.3d 118 (Marsden), but continued the hearing to allow Lopez time
to consider a request to withdraw his guilty plea. At the continued hearing, Lopez did not
move to withdraw the plea, and the court sentenced Lopez to prison for 15 years. The
term consisted of the upper term of five years doubled to 10 years under the Three Strikes
law based upon the prior robbery conviction (Pen. Code, §§ 213, subd. (a)(2), 667,
subd. (e)(1), 1170.12, subd. (c)(1)), plus five years for the prior robbery conviction (id.,
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§ 667, subd. (a)(1)). The court also imposed a restitution fine of $2,520 (id., § 1202.4,
subd. (b)) and other fines, fees, and penalty assessments.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and the
proceedings in the trial court. Counsel presented no argument for reversal, but asked this
court to review the record for error in accordance with Wende, supra, 25 Cal.3d 436.
Pursuant to Anders, supra, 386 U.S. 738, counsel suggested the following issues:
(1) "Was appellant properly advised of his constitutional rights and consequences of
pleading before entering his guilty plea?"; (2) "Did the trial court err when it denied
appellant's Marsden motion?"; (3) "Was appellant adequately informed . . . that he would
be sentenced to the maximum sentence of 15 years if he failed to appear at sentencing?";
(4) "Did the trial court correctly impose the stipulated sentence as negotiated in the plea
agreement[]?"; (5) "Did the trial court properly exercise its discretion when it imposed
$2520 in victim [sic] restitution?"; and (6) "Was appellant entitled to a hearing on
whether he willfully violated the terms of the People v. Vargas (1990) 223 Cal.App.3d
1107 waiver?" After we received counsel's brief, we notified Lopez by letter that he
could file a supplemental brief, but he did not respond.
We have reviewed the record pursuant to Wende, supra, 25 Cal.3d 436, and
Anders, supra, 386 U.S. 738, and considered the issues suggested by counsel, but
discerned no reasonably arguable appellate issues. Lopez has been adequately
represented by counsel on this appeal.
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DISPOSITION
The judgment is affirmed.
IRION, J.
WE CONCUR:
HUFFMAN, Acting P. J.
O'ROURKE, J.
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