Filed 8/31/15 P. v. Brewer CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C076848 Plaintiff and Respondent, (Super. Ct. No. 13F01050) v. JERMAINE NATHANUEL BREWER, Defendant and Appellant.

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.

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 Defendant was charged by amended consolidated complaint1 with second degree commercial burglary (Pen. Code, § 459 -- count one),2 seven counts of second degree

Following a hearing, the trial court denied defendant’s Marsden3 motion.

Defendant entered a negotiated plea of no contest to one count of second degree robbery (count five) and admitted the firearm enhancement and the prior strike in exchange for a stipulated sentence of 20 years in state prison and dismissal with a Harvey4 waiver of all remaining charges. The factual basis for the plea is as follows: On February 2, 2013, defendant took personal property from Marcus Robles by means of force and fear, using a handgun in the commission of that offense. Defendant was previously convicted on June 15, 2011, of first degree burglary (§ 459), a serious felony within the meaning of section 1192.7, subdivision (c), which crime constitutes a strike within the meaning of sections 667, subdivisions (b) through (i), and 1170.12.

The trial court denied probation and sentenced defendant to the upper term of five years for the robbery, doubled pursuant to the prior strike, plus a consecutive 10-year term for the firearm enhancement, for an aggregate term of 20 years in state prison as stipulated. The court imposed “[o]nly mandatory minimum fines and fees” and “all the terms contained on pages 13 and 14 of the probation report with a modification to reducing the fines to mandatory minimum,” noting that “[n]onmandatory fees and fines will be stricken.” Pages 13 and 14 of the probation report include: a $280 restitution fine

However, both assessments are reflected in the abstract of judgment. The court awarded defendant 510 days of presentence custody credit (444 days of actual credit plus 66 days of conduct credit).

Defendant filed a timely notice of appeal. The court denied his request for a certificate of probable cause. (§ 1237.5.) Thereafter, defendant filed a subsequent notice of appeal and request for a certificate of probable cause. Again, the court denied his request for a certificate of probable cause.

WENDE REVIEW Counsel filed an opening brief that sets forth the facts of the case and requests that we 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. More than 30 days have elapsed, and we have received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION The judgment is affirmed.

MURRAY , J.

We concur:

BLEASE , Acting P. J.

ROBIE , J.