Filed 10/29/15 P. v. Benton CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE,

Plaintiff and Respondent,

v.

CHRISTOPH ER A. BENTON

,

Defendant and Appellant. B 262980

(Los Angeles County

Super. Ct. No. SA088004 )

APPEAL from a judgment of the Superior Court of Los Angeles County.

Leslie E. Brown, Judge. Affirmed.

Andrea S. Bitar, under appointmen t by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

_______________________2

On January 29, 2015, Christopher Benton pled guilty to one count of second

degree robbery (Pen. Code, § 211). 1 As a result, com panion charges of second degree

commercial burglary ( § 459), theft of a credit access card ( § 484e, subd. (c)), and two

counts of possession of a firearm by a felon ( § 29800, subd. (a)(1)) were dismissed.

Benton received a combined state prison sentence o f 10 years as follows: The low term

of two years for the robbery, doubled to four year s under the Three Strikes law; a five

year enhancement based on his previous conviction of a serious felony ( § 667,

subd. (a)(1)); and a one

- year enhancement for having served a prior prison term ( § 667.5,

subd. (b)).

The facts underlying the robbery plea are contained in the pre

- plea probation

report. According to that report, on July 10, 2014, Benton’s girlfriend ( and co defendant )

Kimberly Harding agreed to sell a Xan ax tablet to Kevin Cooke. They arranged to meet

in a supermarket parking lot. When Cooke arrived, he saw Benton in the driver’s seat of

a parked car, with Harding in the front passenger seat. They asked Cooke to get in the

car. After Cooke did so, Bent on pointed a gun at Cooke and said, “Give me your shit.”

Cooke gave Benton his driver’s license, credit card, watch, cell phone, and a pack of

cigarettes. Cooke left after Benton told him to go.

After Cooke reported the incident to the police, Harding’s phone records and

Facebook page led the officers to Benton, whom Cooke identified as the gunman. A

search of the apartment shared by Benton and Harding turned up a safe that contained

two watches, five cell phones, a camera, a handgun that resembled the one used during

the hold

- up, and Benton’s cell phone. A check of Benton’s cell phone revealed three

photos of Cooke’s driver’s license that had been taken on the night of the robbery.

The trial court took Benton’s plea after Benton acknowledged having si gned a

waiver of rights advisement form in consultation with his lawyer. We appointed counsel

to represent Benton on appeal. On August 20 , 20 15 , after examining the record, counsel

filed an opening brief in which no issues were raised. The brief include d a declaration

1 All further section references are to the Penal Code.3

stating that counsel had informed B enton of his right to file a supplemental brief. That

same day we advised B enton of his counsel’s inability to find any arguable issues and

told B enton he had 30 days to submit by brief or letter any cont entions he wished this

court to consider. Benton did not do so.

We have examined the entire record and are satisfied that appellant’s attorney has

fully complied with h er responsibilities and that no arguable issues exist. ( Smith v.

Robbins (2000) 528 U .S. 259; People v. Wende (1979) 25 Cal.3d 436.)

DISPOSITION

The judgment is affirmed.

RUBIN, J.

WE CONCUR:

BIGELOW, P. J.

GRIMES, J.