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The People v. Kenju Osborne

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


March 27, 2013

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
KENJU OSBORNE, DEFENDANT AND APPELLANT.

(Super. Ct. No. 11F03776)

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

P. v. Osborne

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Kenju Osborne has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no errors and shall affirm the judgment.

BACKGROUND

On May 16, 2011, at approximately 6:00 p.m., defendant entered an art gallery and told the lone female worker that he wanted to make a purchase. He then forced her to orally copulate him at gunpoint and threatened to kill her. He took her purse and two rings and fled.

On May 20, 2011, defendant entered a yogurt shop and attempted to buy yogurt with fake money. He then pulled out a handgun and demanded money. The employee gave defendant $300 from the register and defendant fled.

On May 29, 2011, defendant entered a coffee shop and ordered coffee. When the employee opened the register, defendant pulled out a handgun, threatening the employee and taking money from the register.

On May 31, 2011, defendant entered a yogurt shop, walked up to the register, and showed the employee a gun. Defendant then took $200 from the register. That same day, defendant entered a wig shop and selected a wig. At the register, he pulled out a gun, held it to the employee's face and demanded money. He fled with $250 from the register and one of the victim's rings.

On June 1, 2011, defendant entered a sandwich store and ordered a sandwich from a female employee. He then took $35 from the register at gunpoint and threatened to shoot the victim. When he fled, the victim obtained his license plate number. The license plate number led to defendant; the robbery victims later identified him, and his DNA linked him to the sexual assault.

On the third day of trial, defendant entered a negotiated plea of no contest to forcible oral copulation (Pen. Code,*fn1 § 288a, subd. (c)(2)) and admitted personal use of a firearm in commission of that offense (§ 667.61, subd. (e)(3)). He also pled no contest to six counts of robbery (§ 211) as outlined ante and admitted personal use of a firearm (§ 12022.53, subd. (b)) in connection with two of the counts.

The parties stipulated to a state prison sentence of 31 years to life; the remaining counts were dismissed in view of the plea. The court sentenced defendant accordingly. Defendant appeals.

DISCUSSION

Counsel filed an opening brief that sets forth the facts of the case and asks us to determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Counsel advised defendant of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. We have undertaken an examination of the entire record and find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: ROBIE , Acting P. J. MURRAY , J.


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