Opinion
B267400
09-19-2016
THE PEOPLE, Plaintiff and Respondent, v. TYLAN LIONEL GREGORY, Defendant and Appellant.
Lynette Gladd Moore under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. VA107287) APPEAL from an order of the Superior Court of Los Angeles County, Lori Ann Fournier, Judge. Affirmed. Lynette Gladd Moore under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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In 2007, Tylan Lionel Gregory and a confederate stole cash and merchandise from a video game store employee at gunpoint. In 2009, a jury convicted Gregory of second degree robbery, second degree burglary and grand theft of an automobile with findings he had personally used a firearm and a principal in the offenses was armed with a firearm. The trial court sentenced Gregory to an aggregate state prison term of 12 years. The court ordered Gregory to pay statutory fines, fees and assessments and awarded him 200 days in presentence custody credits. We affirmed the judgment on appeal. (People v. Gregory (Feb. 2, 2011, B219230) [nonpub. opn.].)
On September 10, 2015, Gregory, representing himself, filed a motion for the trial court to convert the statutory fines, fees and assessments imposed in the judgment to days of imprisonment (Pen. Code, §§ 1205, subd. (a), 2900.5). Gregory asserted he was indigent and unable to pay the court-ordered restitution fine (§ 1202.4, subd (b)), the parole revocation fine (§ 1202.45), the $30 criminal conviction assessment (Gov. Code, § 70373) and victim restitution (§ 1202.4, subd. (f)) in the amounts of $9,521.41 to the video game store and $1,196.00 to the store employee. The trial court denied the motion.
Statutory references are to this code, unless otherwise indicated. --------
Gregory filed a timely notice of appeal. We appointed counsel to represent Gregory on appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. On May 12, 2016, we advised Gregory he had 30 days within which to personally submit any contentions or issues he wished us to consider. We have received no response.
We have examined the entire record and are satisfied Gregory's appellate attorney has fully complied with the responsibilities of counsel and no arguable issue exists. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 112-113; People v. Wende (1979) 25 Cal.3d 436, 441.)
DISPOSITION
The order is affirmed.
ZELON, J. We concur:
PERLUSS, P. J.
SEGAL, J.