Filed 7/20/15 P. v. Gaines CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E062783
v. (Super.Ct.No. FSB10844)
THURMAN GAINES, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,
Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice
pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.
David K. Rankin, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
1
FACTUAL AND PROCEDURAL HISTORY
On June 5, 1996, an information charged defendant and appellant Thurman Gaines
with six counts of second degree robbery under Penal Code1 section 211 (counts 1-6),
and one count of possession of a firearm by a felon under former section 12021,
subdivision (a)(1)2 (count 7). The information also alleged that defendant personally
used a firearm while committing the offenses alleged in counts 1 through 6 (§ 12011.5,
subd. (a)), and that defendant suffered two strike priors (§ 667, subds. (b)-(i)).
On July 12, 1996, defendant pled guilty to counts 1 through 7, admitted the
personal arming allegations in counts 1 through 6, and admitted a prior strike. On
September 12, 1996, defendant was sentenced to an indeterminate term of 25 years to life
on counts 1 through 7. The court also imposed the upper term of 10 years on each of the
personal arming allegations in counts 1 through 6. The court stayed the sentences in
counts 2 through 6, pursuant to section 654, subdivision (a).
On October 08, 2014, defendant filed a petition for recall of sentence under
section 1170.126. On December 31, 2014, the trial court denied the petition. The court
found that defendant was ineligible because his commitment offense is a serious felony.
On January 22, 2015, defendant filed a timely notice of appeal.
1 All statutory references are to the Penal Code unless otherwise specified.
2 Former section 12021, subdivision (a)(1), was repealed by Statutes 2010,
chapter 711, section 4, effective January 1, 2011.
2
DISCUSSION
After defendant appealed, and upon his request, this court appointed counsel to
represent him. Counsel has filed a brief under the authority of People v. Wende (1979)
25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of
the case, a summary of the facts, and potential arguable issues, and requesting this court
to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, and he
has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we
have independently reviewed the record for potential error and find no error.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
J.
We concur:
RAMIREZ
P. J.
CODRINGTON
J.
3
People v. Gaines CA4/2
Combined Opinion