Filed 8/27/20 P. v. Rosales CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

 Plaintiff and Respondent,

v.

SERGIO ROSALES,

 Defendant and Appellant.

2d Crim. No. B302747

(Super. Ct. No. 19F-02997-A)

(San Luis Obispo County)

Sergio Rosales appeals the judgment entered after he 

pleaded no contest to second degree robbery (Pen. Code,1 § 211) 

and dissuading a witness from reporting a crime (§ 136.1, subd. 

(b)(1)). Appellant also admitted allegations that he personally 

used a deadly weapon in committing the offenses (§ 12022, subd. 

(b)(1)) and that he committed the crimes for the benefit of a 

criminal street gang (§ 186.22, subd. (b)(1)(C).) Pursuant to 

1 All statutory references are to the Penal Code unless 

otherwise stated.
2

appellant’s negotiated plea, the trial court sentenced him to an 

aggregate term of 13 years in in state prison.2

Because appellant pleaded no contest prior to a preliminary 

hearing, the relevant facts are derived from the probation report. 

On the night of February 18, 2019, San Luis Obispo County 

Sheriff’s deputies responded to a call regarding a robbery in the 

Pirates Cove parking lot. Appellant, an associate of the West 

Park criminal street gang, and B.A. were apprehended after 

deputies saw them running away from the scene of the crime.

The deputies also made contact with Kenneth Ulrich, the 

victim of the assault. Ulrich said he was sitting in his truck in 

the parking lot when appellant and B.A. approached him. 

Appellant pointed what appeared to be a semiautomatic handgun 

at Ulrich and said, “Get the fuck out of the car.” After Ulrich said 

he had nothing to steal, appellant “racked” the gun and told 

Ulrich, “Get the fuck out, or I’ll kill you.” 

Appellant took Ulrich’s keys out of the ignition and 

removed Ulrich’s iPhone and iPad from the truck. After Ulrich 

got out of the truck, appellant continued pointing the gun at him 

and said, “I’ll kill you, get the fuck away from the truck.” Ulrich 

replied, “[s]hoot me then” and began yelling for someone to call 

the police. Appellant and B.A. ran away, dropping Ulrich’s iPad 

in the process. Ulrich pursued appellant and B.A. in his truck. 

Shortly thereafter, sheriff’s deputies arrived and appellant and 

B.A. were apprehended. A BB gun that resembled a semi2 The People initially filed a juvenile warship petition 

against appellant pursuant to Welfare and Institutions Code 

section 602, subdivision (a). Following a hearing, the trial court 

ordered that the matter be transferred to adult criminal court in 

accordance with Welfare and Institutions Code section 707. 
3

automatic pistol and Ulrich’s iPhone were subsequently found in 

the area where appellant and B.A. had fled. 

It was later determined that appellant and B.A. had also 

attempted to rob Jose Velasquez Sanchez and Abelina Torres 

that same evening as they sat in their vehicle in the Pirates Cove 

parking lot. One of the perpetrators pointed a gun at Torres and 

said, “Open the fucking door or I’ll shoot you and your boyfriend 

through the glass.” When Torres tried to call the police on her 

cellphone, one of the perpetrators said, “Don’t touch your fucking 

phone and close your phone.” 

We appointed counsel to represent appellant in this appeal. 

After counsel’s examination of the record, he filed a brief raising 

no issues. On May 22, 2020, we advised appellant that he had 30 

days within which to personally submit any contentions or issues 

he wished us to consider. No response has been received.

We have reviewed the entire record and are satisfied that 

appellant’s counsel has fully complied with his responsibilities 

and that no arguable issue exists. (People v. Wende (1979) 25 

Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)

The judgments are affirmed.

NOT TO BE PUBLISHED.

PERREN, P. J.

We concur:

YEGAN, Acting P.J. TANGEMAN, J.
4

Craig B. Van Rooyen, Judge

Superior Court County of San Luis Obispo

______________________________

Wayne C. Tobin, under appointment by the Court of 

Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.