Opinion
B225344
10-24-2011
THE PEOPLE, Plaintiff and Respondent, v. JUSTIN MONTGOMERY, Defendant and Appellant.
Christine C. Shaver, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. BA284010)
APPEAL from a judgment of the Superior Court of Los Angeles County. George C. Lomeli, Judge. Affirmed.
Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
This case comes before us a second time. Appellant Justin Montgomery ("Montgomery") was convicted of attempted murder (Pen. Code, §§ 187, subd. (a), 664), assault with a semiautomatic firearm (§ 245, subd. (b)), shooting at an occupied motor vehicle (§ 246), and possession for sale and transportation of marijuana and cocaine base (Health & Saf. Code, §§ 11359, 11351.5, 11352, subd. (a), 11360, subd. (a)). At sentencing, the trial court stated that Montgomery had admitted to a prior felony strike (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and sentenced him to an aggregate term of 30 years to life, plus 15 years.
Unless otherwise stated, all further statutory references are to the Penal Code.
On appeal, we concluded the trial court improperly considered the alleged prior felony strike in his sentence because there was neither an adjudication nor an admission of the prior strike allegation. Accordingly, we affirmed the convictions, but reversed the sentence and remanded the matter for further proceedings. (People v. Montgomery B208165 (Sept. 2, 2009) nonpub. opn.)
On June 4, 2010, Montgomery appeared in the trial court and waived his right to a jury trial in favor of a bench trial on the prior felony strike allegation. At the conclusion of the bench trial, the trial court found the prior strike allegation to be true, and reimposed the original sentence of 30 years to life, plus 15 years. This appeal followed.
We appointed counsel to represent Montgomery on appeal. After an examination of the record, counsel filed an opening brief in which no issues were raised. On June 20, 2011, we advised Montgomery he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied Montgomery's attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (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.)
The judgment is affirmed.
ZELON, J. We concur:
PERLUSS, P. J.
WOODS, J.