People v. Abelino CA4/1

I.

INTRODUCTION

The People charged Edgar Lionel Abelino with robbery (Pen. Code, § 211)

(count 1) and being a felon in possession of a firearm (§ 29800, subd. (a)(1)) (count 2).

The People also alleged that Abelino personally used a firearm in the commission of

count 1 (§ 12022.53, subd. (b)). After Abelino waived his right to a jury trial, the trial

court conducted a bench trial. At the conclusion of the trial, the court found Abelino

guilty on both counts and found true the firearm enhancement allegation. The court

sentenced Abelino to an aggregate term of 13 years 8 months in prison in this case. In

addition, the court imposed two one-year sentences in two other cases, to be served

consecutively to the terms in this case and to each other. The court also imposed a two-

year sentence in a third additional case, to be served concurrently. The court sentenced

Abelino to a total aggregate term of 15 years 8 months in prison.

Appointed appellate counsel filed a brief presenting no argument for reversal, but

inviting this court to review the record for error in accordance with People v. Wende

(1979) 25 Cal.3d 436 (Wende). After having independently reviewed the entire…