Opinion
2d Crim. No. B226722 Super. Ct. No. YA075610-01
10-26-2011
THE PEOPLE, Plaintiff and Respondent, v. JOHN RICHARD VALDEZ, JR., Defendant and Appellant.
Kelly Lynn Babineau, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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)
John Richard Valdez, Jr. appeals a judgment following his conviction by jury of possession of a firearm by a felon. (Pen. Code, §12021, subd. (a)(1).) In a bifurcated proceeding, appellant admitted that he suffered a prior strike. (§§ 1170.12, subds. (a) - (d); 667, subds. (b) - (i).) The court found true allegations that he suffered two prior prison terms. (§ 667.5, subd. (b).) Appellant stipulated that he was a convicted felon. A sheriff's deputy testified he saw appellant run down an alley while holding a stainless steel pistol. He lost sight of appellant. When appellant was detained, he did not have the pistol. It was found on top of a nearby tool shed. The trial court sentenced appellant to eight years in state prison, consisting of a three-year upper term for possessing a firearm, doubled for the strike, plus one year for each of the two prior prison terms.
We appointed counsel to represent appellant. After examination of the record, counsel filed an opening brief raising no issues. (People v. Wende (1979) 25 Cal.3d 436, 441.) On June 20, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response.
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. Wende, supra, 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
COFFEE, J.
We concur:
YEGAN, Acting P.J.
PERREN, J.
James R. Brandlin, Judge
Superior Court County of Los Angeles
Kelly Lynn Babineau, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.