Opinion
NOT TO BE PUBLISHED
Superior Court County of Los Angeles, Super. Ct. No. BA369545, Anne H. Egerton, Judge.
Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
COFFEE, J.
Kenneth W. Hosie appeals the judgment entered after his conviction by jury of making criminal threats. (Pen. Code, § 422.) He admitted that he had a prior serious felony strike conviction and served a prior prison term. (§§ 667, subds. (a), (b)-(i); 1170.12, subds. (a)-(d); 667.5, subd. (b).)
All further statutory references are to the Penal Code.
At sentencing, although appellant did not make a formal Romero motion (People v. Superior Court (Romero) (1996) 13 Cal.4th 497), he requested the court to strike his prior strike conviction. The trial court denied appellant's request due to his extensive criminal history and numerous parole violations. The court noted that appellant had an 18-year record, with offenses dating back to age 13. He was sentenced to a total aggregate term of nine years in state prison, consisting of the mid-term of two years, doubled to four due to the strike prior, plus five years for the prior serious felony conviction.
FACTS
Appellant was outside a bar in downtown Los Angeles at about 11:30 p.m. on March 26, 2010. He began arguing with a security guard, trying to gain entrance to the bar. The doorman, Rafael Zavala, approached and appellant became angrier. He yelled profanities at Zavala and gestured towards his waistband as if he had a weapon. Zavala told him to leave, and appellant pulled his hand from his pocket and pretended to shoot Zavala with his finger. Appellant said, "I'll fucking light you up" and "I'm going to kill you."
The security guard called 911 and Zavala reported the incident. Zavala believed that appellant had a weapon but was not certain. Within several minutes, Zavala heard sirens and appellant walked away from the bar. He was detained by police officers who recovered a replica handgun from his person, and another from his backpack. Both were lighters.
We appointed counsel to represent appellant in this appeal. After examining the record, counsel filed an opening brief raising no issues and requesting that this court independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
On April 14, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished to raise on appeal. We have received no response from him.
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Kelly (2006) 40 Cal.4th 106, 124; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
We concur: GILBERT, P.J., PERREN, J.