Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. GA070729, Leslie E. Brown, Judge.
Julie Sullwold-Hernandez, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ARMSTRONG, J.
Defendant and appellant Jeremy Eric Waters appeals from the judgment entered following his plea of no contest to one count of violation of Penal Code section 211, second degree robbery, and his admission of an allegation that a principle personally used a firearm during the commission of the offense, under Penal Code section 12022.53, subdivision (b). He was sentenced to the low term of two years on the robbery, and to an additional ten years based on the firearm enhancement. We appointed counsel to represent him on appeal.
Counsel identified two issues. First, appellant's presentence custody credit was incorrectly calculated. Next, appellant had admitted an allegation under Penal Code section 12022.53, subdivision (e)(1), although there was no support in the record for such an allegation. Recognizing that these matters should be brought to the trial court, counsel did so. That court issued amended minute orders with the necessary corrections. (We grant appellant's request that we take judicial notice of the trial court's records in this respect.)
Counsel then filed an opening brief in which no issues were raised. On or before April 27, 2009, counsel informed appellant that she intended to file such a brief, sent appellant a copy of the record on appeal, and advised appellant that he could submit a supplemental brief in his own behalf. On May 4, 2009, we advised appellant that he had 30 days in which to submit by brief or letter any argument or contention he wished this Court to consider. No response has been received from appellant to date.
We have examined the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: TURNER, P. J., KRIEGLER, J.