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

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE,

Plaintiff and Respondent,

v.

CHRISTOPHER A. BENTON,

Defendant and Appellant.

 B262980

 (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 appointment 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, companion 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 of 10 years as follows: The low term 

of two years for the robbery, doubled to four years under the Three Strikes law; a fiveyear 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 codefendant)

Kimberly Harding agreed to sell a Xanax 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, Benton 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 signed a 

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

to represent Benton on appeal. On August 20, 2015, after examining the record, counsel 

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

 

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

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

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

told Benton he had 30 days to submit by brief or letter any contentions 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 her 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.