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Filed 7/16/15 P. v. Smith CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication 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

THIRD APPELLATE DISTRICT

(Sacramento)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

GRANVILLE WILLIAM SMITH,

Defendant and Appellant.

C076352

(Super. Ct. No. 11F00125)

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). 

Having reviewed the record as required by Wende, we affirm the judgment. However, 

we have identified an entry on the abstract that must be corrected.

We provide the following brief description of the facts and procedural history of 

the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

FACTUAL AND PROCEDURAL BACKGROUND

On December 10, 2010, defendant Granville William Smith entered a credit union 

and approached teller Kelly Kulesza. He gave her a note demanding money. Out of fear, 
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Kulesza gave defendant money from her station. Defendant fled with the money. On 

January 4, 2011, defendant entered a bank and approached teller Bonnie Hall. He gave 

her a note demanding money and showed her the gun he had inside his jacket. Hall gave 

defendant money from the bank. Defendant fled the scene and was later apprehended. 

A complaint deemed an information charged defendant with six counts of second 

degree robbery (Pen. Code, § 211--counts 1 through 6),1 and one count of being an exfelon in possession of a firearm (§ 12021, subd. (a)(1)--count 7). As to counts 5 and 6 it 

was also alleged defendant personally used a firearm. (§ 12022.53, subd. (b).) The 

information also alleged defendant had a prior strike conviction. (§ 1192.7, subd. (c).) 

Defendant entered a plea of no contest to two counts of robbery, counts 2 and 6, 

admitted he had personally used a firearm, and admitted he had a prior serious felony 

conviction. The trial court sentenced defendant to an aggregate term of 22 years in state 

prison. The trial court awarded defendant 1,152 days of actual presentence custody 

credit, and ordered defendant to pay a $4,400 restitution fund fine (§ 1202.4), direct 

victim restitution of $4,400 to SAFE Credit Union, $2,383 to Big Valley Federal Credit 

Union, $427 to California Community Credit Union, $882 to Heritage Community Credit 

Union, $4,606 to First Bank, $1,494 to Kulesza, a $287.78 main jail booking fee (Gov. 

Code, § 29550.2), a $59.23 main jail classification fee (Gov. Code, § 29550.2), a $10 

crime prevention program fine (§ 1202.5), an $80 court operation assessment fine 

(§ 1465.8), and a court facility fee of $60 (Gov. Code, § 70373). The remaining counts 

were dismissed with a Harvey2 waiver.

Defendant appeals. He did not obtain a certificate of probable cause. (§ 1237.5.) 

 

1

 Undesignated statutory references are to the Penal Code at the time of the charged 

offenses.

2

 People v. Harvey (1979) 25 Cal.3d 754.
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We appointed counsel to represent defendant on appeal. Counsel filed an opening 

brief that sets forth the facts of the case and requests this court to review the record and 

determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 

436.) Defendant was advised by counsel of the right to file a supplemental brief within 

30 days of the date of filing of the opening brief. 

DISCUSSION

Defendant filed a supplemental brief requesting we “look at” counsel’s repeated 

requests to be removed from the case, defendant’s pre-plea Marsden3 motion, his claim

that counsel did not conduct interviews prior to trial and did not inform him of other plea 

deals or offers, that the restitution order was excessive, “especialy [sic] if cases were 

dropped/dismissed,” and he was not given his Boykin/Tahl4rights at the time of 

sentencing. 

As to defendant’s claims regarding counsel, the Marsden motions and counsel’s 

requests to be removed from the case, those claims are forfeited by his plea. (People v. 

Lovings (2004) 118 Cal.App.4th 1305; People v. Lobaugh (1987) 188 Cal.App.3d 780.) 

As to the claim regarding his Boykin/Tahl rights, the record reflects defendant was 

properly advised of his Boykin/Tahl rights at the time of his plea. Lastly, defendant 

agreed, as part of the plea that the court could consider the dismissed charges in deciding 

his sentence, “including the issue of restitution on those charges.” Accordingly, 

defendant waived the complaint on appeal as to direct victim restitution for dismissed 

charges.

Having undertaken an examination of the entire record, we find no arguable error 

that would result in a disposition more favorable to defendant.

 

3

 People v. Marsden (1970) 2 Cal.3d 118 (Marsden).

4

 Boykin v. Alabama (1969) 395 U.S. 238 [23 L.Ed.2d 274] (Boykin); In re Tahl (1969) 

1 Cal.3d 122 (Tahl).
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However, we have noticed entries on the abstract of judgment that must be 

corrected. As noted, the court orally imposed an aggregate sentence of 22 years. While 

the entries on the abstract correctly note the sentence orally imposed for the charges and 

enhancement (10 years on Count 6, 2 years on Count 2, and 10 years for the firearm 

enhancement), the entry for “Total Time” on the abstract is 10 years. We have also noted 

that the statute for the firearm enhancement is listed as “12022.52(b)PC.” It should be 

section “12022.53(b)PC.” We order correction of these entries.

DISPOSITION

The trial court is directed to correct the abstract of judgment to reflect a total 

sentence of 22 years and to reflect that the firearm enhancement for which defendant was 

sentenced is section 12022.53, subdivision (b). The court is further directed to forward a 

certified copy of the corrected abstract to the California Department of Corrections and 

Rehabilitation. The judgment is otherwise affirmed.

 MURRAY , J.

We concur:

 RAYE , P. J.

 HULL , J.