People v. Sayles

Full title: THE PEOPLE, Plaintiff and Respondent, v. WALTER LEROY SAYLES, Defendant…

Court: California Court of Appeals, Sixth District

Date published: Oct 22, 2009

No. H033214 (Cal. Ct. App. Oct. 22, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. WALTER LEROY SAYLES, Defendant and Appellant. H033214 California Court of Appeal, Sixth District October 22, 2009

NOT TO BE PUBLISHED

Santa Clara County Super. Ct. No. CC647360

RUSHING, P.J.

On October 21, 2006, defendant Walter Leroy Sayles walked into the Milpitas branch of a Wells Fargo Bank, and presented a demand note to one of the tellers. The note was written on a blank check, and stated that he had a gun and would use it if the teller did not cooperate. The teller complied, giving defendant about $3,700. In fleeing the scene, defendant left his car keys in the bank and his car in a parking lot next to the bank. On the front passenger seat of this car, police discovered defendant’s ID card and a checkbook with defendant’s name on it. An examination revealed that the account numbers on the check used for the demand note and the checkbook found in the car were a match. The bank teller who had received the demand note, later identified appellant out of a photographic line up. Defendant was apprehended in Oakland about two weeks after the robbery on an unrelated warrant out of San Jose.

Defendant appeals from a judgment entered after a jury found him guilty of second degree robbery (Pen. Code §§ 211-212.5, subd. (c)),¹ and he admitted a strike prior, a serious felony prior and three prison priors. (§§ 667, subd. (b)-(i), 1170.12, 667, subd. (a), 667.5, subd. (b).) During the course of the proceedings, the trial court heard and denied two Marsden ² motions and one Faretta ³ motion. After the trial court heard and denied a Romero ⁴motion, the court sentenced defendant to 11 years in prison. The court awarded defendant 730 days of custody credits. This timely appeal ensued.

1 All further unspecified statutory references shall be to the Penal Code.

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

3 Faretta v. California (1975) 422 U.S. 806.

4 People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

On appeal, we appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. We later granted defendant an extension of time to file his argument. That extension has elapsed and we have received no written argument from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.

Disposition

The judgment is affirmed.

WE CONCUR: PREMO, J., ELIA, J.