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People v. Calhoun

California Court of Appeals, Fifth District
Oct 9, 2009
No. F057249 (Cal. Ct. App. Oct. 9, 2009)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Tulare County Nos. VCF212008A & VCF213121. James W. Hollman, Judge.

Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

THE COURT

Before Vartabedian, Acting P.J., Levy, J. and Gomes, J.

On September 19, 2008, appellant Henry Edward Calhoun was driving a car when he was stopped by a Tulare police officer after the officer saw him following the car in front of him too closely. During the stop the officer determined that Calhoun did not have a driver’s license issued to him. The officer searched the car and found a glass pipe and a baggie containing.1 grams of methamphetamine in the pocket storage area of the driver’s door. Calhoun was arrested and released a few days later (case No. VCF213121).

On October 9, 2008, Calhoun entered a Subway sandwich shop in Tulare and ordered a sandwich. After the sandwich was prepared, Calhoun drew a handgun and told the clerk to give him “all the money.” The clerk took the money drawer from the cash register and placed it on the counter. Calhoun got away with $200.

On October 11, 2008, Calhoun entered a Subway shop in Visalia and ordered a sandwich and chips. He then showed the employees the back end of his gun and demanded they give him all the money in the cash register. Calhoun took $600 from the register and before leaving warned the employees not to say anything.

On October 15, 2008, Calhoun ordered two sandwiches at a Subway shop in Dinuba, demanded money from the clerk, and displayed a handgun. Calhoun took approximately $350 in that robbery.

On October 16, 2008, Calhoun used a handgun to rob Tony’s Bridal Shop in Orosi.

On October 19, 2008, Calhoun entered a Me-N-Ed’s Pizzeria in Exeter, pointed a handgun at an employee, and demanded money. After the employee placed the cash register drawer on the counter, Calhoun took $216 and left.

On October 20, 2008, Calhoun used a handgun to rob another restaurant.

On October 21, 2008, Calhoun robbed still another restaurant.

Luis Martinez acted as Calhoun’s getaway driver during each robbery.

On October 22, 2008, Calhoun was arrested in Farmersville on a warrant concerning the various robberies (case No. VCF212008A).

On November 13, 2008, the district attorney filed a complaint in case No. VCF213121 charging Calhoun with transportation of methamphetamine (Health & Saf. Code, § 11379) and driving while being unlicensed. (Veh. Code, § 12500, subd. (a).)

On December 8, 2008, the district attorney filed an amended complaint in case No. VCF212008A charging Calhoun with eight counts of conspiracy to commit robbery (counts 1, 4, 6, 8, 10, 12, 15, and 17, Pen. Code, § 182) and 10 counts of robbery (counts 2, 3, 5, 7, 9, 11, 13, 14, 16, and 18, Pen. Code, § 211.) Each robbery count also alleged an arming enhancement (Pen. Code, § 12022, subd. (a)(1)).

On December 17, 2008, in case No. VCF213121 Calhoun pled guilty to the two counts in alleged in that case. In case No. VCF212008A Calhoun pled no contest to counts 1 through 14, 17 and 18, and admitted the arming enhancement in each count. In exchange for his plea, the prosecutor dismissed counts 15 and 16 in that case and the court agreed to sentence Calhoun to a stipulated term of 15 years.

On January 15, 2009, the court sentenced Calhoun as per his plea agreement to an aggregate term of 15 years in both cases.

Calhoun’s appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Calhoun has not responded to this court’s invitation to submit additional briefing.

Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.

The judgment is affirmed.


Summaries of

People v. Calhoun

California Court of Appeals, Fifth District
Oct 9, 2009
No. F057249 (Cal. Ct. App. Oct. 9, 2009)
Case details for

People v. Calhoun

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. HENRY EDWARD CALHOUN, Defendant…

Court:California Court of Appeals, Fifth District

Date published: Oct 9, 2009

Citations

No. F057249 (Cal. Ct. App. Oct. 9, 2009)