Filed 3/3/16 P. v. Thompson CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent,

v.

MITCHELL CRAIG THOMPSON

,

Defendant and Appellant. B 265672

(Los Angeles County
Super. Ct. No. GA091246 )

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

Suzette Clover , Judge. Affirmed.

Sarvenaz Bahar, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

_____________________2

Following a no contest plea, defendant and appellant Mitchell Craig Thompson

was c onvicted of one count of second degree robbery, with a prior serious felony

conviction finding (Pen. Code, §§ 211, 667, subds. (a)

- (i)). 1 Thompson was sentenced to

a prison term of 15 years. We affirm.

Thompson was originally charged with seven counts of robbery (§ 211), one count

of attempted robbery (§§ 211, 664), and one count of possession of a firearm by a felon

(§ 29800). In addition, he was charged with firearm use, prior prison term and prior

serious felony conviction enhancements (§§ 12022.53, 667.5, 667, subds. (a)

- (i)). On

Ma y 21, 2015

, Thompso n accepted a plea agreement under which he would plead no

contest to one count of second degree robbery while admitting a prior serious felony

conviction allegation. The trial court sentenced him to a total of 15 years, calculated as

follows: a five

- year upper term for the robbery (§ 213, subd. (a)(2)), which was doubled

as a second

- strike conviction (§ 667, subds. (b)

- (i)), and then increased by a five

- year

term for the prior serious felony conviction enhancement ( § 667, subd. (a)). The trial

court gave Thompson credit for 672 days of presentence custody credit, consisting of

585 actual days and 87 days of good conduct credit.

On July 10, 2015, Thompson filed a pro se notice of appeal and request for a

certificate of probable cause. In his request for a certificate of probable cause, Thompson

complained that: (1) his presentence custody credits had been improperly limited to

15 percent of his actual days in custody; and, (2) because the firearm use allegation had

been dropped, he should have only been convicted of second degree robbery. The trial

court denied Thompson’s request for a certificate of probable cause, pointing out that he

had in fact been convicted of second degree robbery , and that the 15 percent presentence

custody credit limitation was correct.

We appointed counsel to represent Thompson. After reviewing the record,

appellate counsel filed an opening brief requesting this court to independently review the

record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. We directed counsel to

1 All further statutory references are to the Penal Code unless otherwise specified.3

send the record on appeal and a copy of the opening brief to Thompson, and notify him

that he had 30 days within which to personally submit any contentions or issues that he

wished us to consider. Thompson has not filed a supplemental brief.

We have examined the entire record and are satisfied that defense counsel has

fully complied with counsel’s responsibilities and that no arguable appellate issue exists.

( Smith v. Robbins (2000) 528 U.S. 259, 278 [120 S.Ct. 746]; People v. Kelly (2006)

40 Cal.4th 106, 110.) Contrary to Thompson’s apparent beliefs, the difference between

first and second degree robbery does not depend on the perpetrator’s use of a gun, and the

15 percent limit on presentence custody credits is triggered by “any robbery.”

(§§ 2933 .1, subd. (c)

, 667.5, subd. (c)(9).)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

EDMON, P. J.

We concur:

ALDRICH, J.

LAVIN , J.