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The People v. Todd Joseph Willis

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT Sacramento


May 12, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
TODD JOSEPH WILLIS, DEFENDANT AND APPELLANT.

Super. Ct. No. 10F05271

The opinion of the court was delivered by: Mauro ,j.

P. v. Willis CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appointed counsel for defendant Todd Joseph Willis asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable error and no concerns regarding presentence credits. We will affirm the judgment.

I On August 10, 2010, defendant stole $186 from an unattended kiosk at Sunrise Mall. As he was leaving, three security guards approached him. Defendant sprayed all three guards with pepper spray and punched one of the guards in the face with the can of pepper spray.

Defendant entered into a negotiated plea in which he pleaded no contest to second degree robbery. (Pen. Code, § 211.) In exchange, the parties agreed defendant would not be sentenced to state prison, but would be granted probation and serve a conditional sentence of 270 days. Defendant also entered a Cruz waiver (People v. Cruz (1988) 44 Cal.3d 1247), agreeing that if he did not appear at the sentencing hearing on September 1, 2010, the trial court would not be bound by the plea agreement and defendant could be sentenced to a term of up to five years in prison.

Defendant did not appear at the sentencing hearing on September 1, 2010, and the Cruz waiver came into effect. Defendant appeared on September 13, 2010, and reaffirmed his plea with the understanding he would receive the low term of two years in state prison and that a separate case would be dismissed.

The trial court imposed the agreed-upon term of two years in prison, and also imposed a $200 restitution fine and a $30 court security fee. The trial court awarded 20 days of presentence credit, consisting of 18 days of custody credit and two days of conduct credit under Penal Code section 2933.1.

Defendant appealed. The trial court denied his application for a certificate of probable cause.

II Appointed counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record to determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days elapsed, and we received no communication from defendant.

Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: RAYE , P.J. BUTZ,J.

20110512

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