Opinion
2d Crim. No. B241232
01-22-2013
THE PEOPLE, Plaintiff and Respondent, v. JOSHUA ADLAI GREER, Defendant and Appellant.
Maggie Shrout, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.
(Super. Ct. No. BA388828) (Los Angeles)
Joshua Adlai Greer appeals from the judgment entered after a jury convicted him of first degree residential burglary. (Pen. Code, § 459.) The trial court sentenced appellant to the upper term of six years state prison and ordered appellant to pay a $200 restitution fine (§ 1202.4, subd. (b)), a $200 parole revocation fine (§ 1202.45), victim restitution, (§ 1202.4, subd. (f)), a $40 court security fee (§ 1465.8), and a $30 criminal conviction assessment (Gov. Code, § 70373).
All statutory references are to the Penal Code, unless otherwise stated.
We appointed counsel to represent appellant in this appeal. After examination of the record, counsel filed an opening brief in which no issues were raised.
On November 30, 2012, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. On January 3, 2013, we received a letter from appellant stating, among other things, that: he was arrested for assault with a firearm and erroneously charged with first degree residential burglary with a firearm enhancement; that he was convicted on inconsistent hearsay evidence; and that he was denied a fair trial.
The evidence shows that, on September 12, 2011, appellant confronted Mayra Amezcua Segura on her front porch, drew a handgun, and said he was going to kill someone named "Bird." The victim ran inside with her daughter and called 911. Before the police arrived, appellant jumped the fence and ran to the rear of the house as Paul Jackson acted as a look out. Appellant attempted to open the rear window, tore the window screen while reaching through the window security bars, and yelled, "Let me in, I'm going to kill whoever stabbed me in the leg . . . [¶] and whoever lives in th[e] house."
Appellant and Jackson fled and were arrested but the handgun was not found. At the sentencing hearing, the trial court read and considered a probation report that stated that appellant was a Gangster Crips gang member, had a history of cocaine and marijuana use, and had prior convictions for transporting/ selling drugs and receiving stolen property
We have examined the entire record and are satisfied that appellant's appointed counsel has fully complied with her responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 124; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
YEGAN, J. We concur:
GILBERT, P.J.
PERREN, J.
Ann H. Eggerton, Judge
Superior Court County of Los Angeles
Maggie Shrout, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Respondent.