Filed 6/17/21 P. v. Thatcher CA5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

RYAN EUGENE THATCHER,

Defendant and Appellant.

F081408

(Super. Ct. No. LF012394B)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Kern County. John R. 

Brownlee, Judge.

Aaron J. Schechter, under appointment by the Court of Appeal, for Defendant and 

Appellant. 

Office of the State Attorney General, Sacramento, California, for Plaintiff and 

Respondent.

-ooOoo-

* Before Peña, Acting P.J., Smith, J. and Snauffer, J.
2.

Appointed counsel for appellant Ryan Eugene Thatcher 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).) Thatcher was advised of his right to file a 

supplemental brief within 30 days of the date of filing of the opening brief. To date, he 

has not done so. Finding no arguable error that would result in a disposition more 

favorable to Thatcher, we affirm.

BACKGROUND

On January 15, 2019, Thatcher and his codefendants, Johnny Maclean and Trent 

Vangelder, robbed a Mobil Gas Station attendant at gunpoint. 

On August 30, 2019, the Kern County District Attorney’s Office filed an 

information charging Thatcher with second degree robbery (Pen. Code,1 § 212.5, subd. 

(c), count 1); and conspiracy to commit second degree robbery (§ 182, subd. (a)(1), count 

2). As to count 1, the information further alleged Thatcher was personally armed with a 

firearm during the commission of the offense (§ 12022, subd. (c)), that he used a firearm 

during the commission of the offense (§ 12022.53, subd. (b)); and that he personally used 

a firearm (§ 12022.5, subd. (a)). 

On February 25, 2020, Thatcher entered an open plea of no contest to all counts 

and enhancements alleged in the information. 

On July 2, 2020, the trial court sentenced Thatcher to a total prison term of nine

years. Thatcher received the upper term of five years on count 1, and four years for the 

personal use of a firearm (§ 12022.5, subd. (a)). The remaining enhancements were 

stricken. On count 2, the trial court imposed a term of two years, which was stayed 

pursuant to section 654. The trial court also imposed various fines and fees. 

1

 Undesignated statutory references are to the Penal Code unless otherwise 

indicated. 
3.

On July 8, 2020, Thatcher filed a timely notice of appeal. He did not request a 

certificate of probable cause.

DISCUSSION

Thatcher’s appellate counsel has filed a Wende brief with this court. The brief 

includes the declaration of appellate counsel indicating that Thatcher was advised he 

could file his own brief with this court. By letter on September 21, 2020, we invited 

Thatcher to submit a letter containing “any grounds on appeal that [he] want[ed] this 

court to consider.” To date, he has not done so. After independent review of the record, 

we find that no reasonably arguable factual or legal issues exist.

DISPOSITION

The judgment of conviction is affirmed.