Opinion
NOT TO BE PUBLISHED
Superior Court County of San Luis Obispo, No. F424421, Dodie A. Harman, Judge.
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
COFFEE, J.
Thomas Jonathan Adkins appeals from the judgment entered after he plead no contest to residential burglary and admitted that he used a firearm and that a person was present during the burglary. (Pen. Code, §§ 459, 462, subd. (a), 667.5, subd. (c)(21), 12022.5, subd. (a), 667.5, subd. (c)(8).) The court sentenced appellant to 14 years in prison (a 4-year middle term for residential burglary and a 10-year enhancement for firearm use). We affirm.
In 2008, 18-year old Kory Foley lived in a garage attached to his mother's house. On October 19, 2008, at approximately 10:30 p.m., appellant entered Foley's residence, with a rifle, and demanded all of his money and marijuana. Foley gave appellant marijuana but had no money. Appellant insisted he had more. Foley grabbed a baseball bat, and swung at appellant. Within seconds, appellant fired his rifle and a bullet entered Foley's right arm. They wrestled until the police arrived.
We appointed counsel to represent appellant in this appeal. After reviewing 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 November 19, 2009, we advised appellant that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. We have not received a response.
We have examined the entire record and are satisfied that appellate counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 443.)
The judgment is affirmed.
We concur: YEGAN, P.J., PERREN, J.