THE PEOPLE v. JAIRO EDGARDO GOMEZ (2010)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

At the preliminary hearing in case No. GA075221, Sarpoohi Ratavosian testified someone tried to grab her purse from her shoulder around 11:00 a.m. on October 24, 2008, while she was walking in Glendale.   Ratavosian successfully resisted the robber, who knocked Ratavosian to the ground before running to a waiting car that drove away with the thwarted robber inside.

After Ratavosian finished testifying, Ung Cha took the stand.   She testified that around 11:15 a.m. on October 24, 2008, she was walking in Glendale when someone snatched her purse from behind and escaped in a waiting car.   She wrote down the fleeing car's license plate number and gave it to police.

Following Cha's testimony, Glendale police detective Petros Kmbikyan testified that he interviewed appellant in Los Angeles county jail on October 30, 2008, following appellant's arrest.   During the interview, appellant told detective Kmbikyan that appellant had driven the get away vehicle in the robbery of Cha and attempted robbery of Ratavosian.

The People charged appellant by amended information in case No. BA348292 with the following crimes against Vidal M.:  kidnapping to commit robbery;  kidnapping for carjacking:  kidnapping;  carjacking during which he used a deadly weapon;  second degree robbery during which he used a deadly weapon;  and, assault with a deadly weapon.   In a second information, the People charged appellant in case No. GAO75221 with attempted robbery of Sarpoohi Ratavosian and robbery of Ung Cha. Appellant pleaded not guilty to all charges.

Appellant retained private counsel in June 2009.   Six weeks later on July 31, 2009, appellant waived his rights to a jury trial, to remain silent, and to confront witnesses against him, and entered into a plea bargain covering all charges against him.   He withdrew his not guilty pleas and entered pleas of nolo contendre to:  carjacking with use of a deadly weapon;  assault with a deadly weapon;  kidnapping with use of a deadly weapon;  attempted robbery of Ratavosian;  and, robbery of Cha. In return, the court dismissed the charges of kidnapping to commit robbery, kidnapping during a carjacking, and second degree robbery of Vidal M. The court sentenced appellant to 16 years and 8 months in state prison and awarded him credits for actual custody and good time/work time.   This appeal followed.

We appointed appellate counsel to represent appellant.   On February 26, 2010, counsel filed a Wende brief stating he could not find any arguable issues for appeal.  (People v. Wende (1979) 25 Cal.3d 436.)   We sent a letter that day to appellant inviting him to file a letter or brief raising any issues he wanted us to consider.   He has not filed any such letter or brief.   We have reviewed the record and find no arguable issues for appeal.   Moreover, appellant has not identified any issue that is exempt from the requirement of a certificate of probable cause following a no contest plea.  (People v. Buttram (2003) 30 Cal.4th 773, 780;  People v. McEwan (2007) 147 Cal.App.4th 173, 177.)

DISPOSITION

The appeal is dismissed for appellant's failure to comply with the requirement of obtaining a certificate of probable cause following entry of a plea of no contest.  (Pen.Code, § 1237.5;  People v. McEwan, supra, 147 Cal.App.4th at p. 175.)

WE CONCUR:

BIGELOW, P.J. GRIMES, J.