F iled 6/24/ 22 P. v. Rapisardo CA6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintif f and Respondent,

v.

VINCE JOSEPH RAPISARDO

,

Defendant and Appellant. H04 9117

( Santa Clara County

Super. Ct. No

. C1916813 )

D efendant Vince Joseph Rapisardo pleaded no contest to second degree robbery

and false imprisonment. The trial court imposed a total term of three years in prison.

We appointed counsel, who filed an opening brief stating the case and the facts but

raising no specific issues. We notif ied Rapisardo of his right to submit written argument

on his own behalf within 30 days , and we received no response

.

We have reviewed the entire record under People v. Wende (19 79) 25 Cal.3d 436

( Wende ). (See also People v. Kelly (2006) 40 Cal.4th 106 ( Kelly ).) We conclude there is

no arguable issue and we will affirm the judgment.

I. F ACTUAL AND P ROCEDURAL B ACKGROUND

A. Procedural Background

The prosecution charged Rapisardo with four counts: count 1

— robbery in the

second degree (Pen. Code, § 212.5, subd. (c) ) 1 ; count 2

— assault with a firearm (§ 245,

subd. (a)(2)); count 3

—

possession of a firearm by a felon (§ 29800, subd. (a)(1) ) ; and

1 Subsequent undesignated statutory references are to the Penal Code.2

count 4

— false imprisonment (§ 236). As to counts 1 and 4, t he prosecution further

alleged Rapisardo personally used a firearm in the commission of the offenses

(§§ 12022.5, subd. (a), 12022.5 3 , subd. (b))

.

As part of a negotiated plea agreement, Ra pisardo pleaded no contest to counts 1

and 4. T he trial court denied probation and imposed a total term of three years in prison

,

consisting of the middle term of three years for count 1 and a concurrent term of 364 days

for count 4. The court stayed var ious fines and fees after finding that Rapisardo was

unable to pay them.

Rapisardo filed a timely notice of appeal and did not request a certificate of

probable cause.

B. Facts of the Offenses

At the preliminary hearing

, the victim testified that she and another woman lived

in a two

- bedroom apartment where they provided paid escort services

. In July 2019, the

victim was asleep in her bedroom when she heard the other woman call her name,

whereupon the victim opened her bedroom door to find Rapisardo pointing a gun at her.

Rapisardo threaten ed to shoot her and took money and various possessions from her,

including credit and debit cards ; her wallet ; her iPhone ; jewelry ; and around $3,000 in

cash.

After Rapisardo left, t he victim tr acked the location of her iPhone to a specific

address using the “find my iPhone” feature. The victim went to the police and identified

a photo of Rapisardo in a photographic lineup , after which the police arrested him in his

vehicle

. He admitted he live d at the same address to which the victim had tracked her

iPhone. The police found a replica firearm in his vehicle.

II. D ISCUSSION

We have reviewed the entire record under Wende

, supra , 25 Cal.3d 436, and Kelly

,

supra , 40 Cal.4th 106. We find no arguable issue on appeal, and we conclude appellate

counsel has fully complied with h is responsibilities. ( Wende

, at p. 441.)3

For the reasons above, we will affirm the judgment.

III. D ISPOSITION

The judgment is affirmed._______________________________ Greenwood, P. J.

WE CONCUR:

______________________________________ Grover , J.

______________________________________ Lie, J.

People v. Rapisardo

No. H 049117