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The People v. Juan Carlos Alvarez Perez

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE


December 7, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JUAN CARLOS ALVAREZ PEREZ, DEFENDANT AND APPELLANT.

(Napa County Super. Ct. No. CR148810)

The opinion of the court was delivered by: Siggins, J.

P. v. Perez CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Juan Carlos Alvarez Perez appeals following his no contest plea to robbery. Counsel has briefed no issues and asks that we review the record of the proceedings. (People v. Wende (1979) 25 Cal.3d 436.) Perez has not filed a supplemental brief. We have reviewed the record and affirm.

DISCUSSION

According to the probation report, Perez entered a Subway sandwich shop in mid-afternoon wearing a black ski mask, black gloves, white shirt, and blue jeans. In the back office area, he put his arm around an employee's neck, held a knife to her chest, and demanded that another employee (who was later charged as a co-defendant) retrieve the money from the cash register. Perez taped the first employee's hands together, ordered the co-defendant to the floor, and fled with approximately $750.

Perez was charged with second degree robbery, assault with a deadly weapon by means likely to produce great bodily injury, and false imprisonment by violence. It was also alleged that he personally used a deadly and dangerous weapon, the knife, in connection with the first and third counts. Pursuant to a negotiated disposition, Perez waived his constitutional rights and entered a no contest plea to robbery. The remaining charges and allegations were dismissed. In accord with the plea agreement, he was sentenced to the middle term of three years in state prison and received 273 days of custody credits. He was ordered to pay victim restitution of $1,769, and various fines and assessments. Perez timely appealed.

Perez was represented by counsel at all stages of the proceedings. He was advised of his rights and of the consequences of his plea. There was no error in the sentence imposed. Appellate counsel advised Perez of his right to file a supplemental brief in this court within 30 days of counsel's opening brief, but no supplemental brief has been filed. Full review of the record reveals no issue that requires further briefing.

DISPOSITION

The judgment is affirmed.

We concur: McGuiness, P.J. Pollak, J.

20101207

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