Opinion
B165100.
11-19-2003
THE PEOPLE, Plaintiff and Respondent, v. JOSE AVILA, Defendant and Appellant.
THE COURT:
Jose Avila, also known as Juan Avila, appeals from the judgment entered following revocation of probation previously granted after his plea of no contest to assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and admission that the offense was committed for the benefit of, at the direction of, or in association with any criminal street gang (Pen. Code, § 186.22, subd. (b)(1)). On February 28, 2002, he was placed on three years formal probation on conditions, including the condition that he spend the final 365 days in county jail. On January 16, 2003, the trial court revoked appellants probation and on January 23, 2003 sentenced him to the upper term of four years on his conviction of assault with a deadly weapon and four years for the gang allegation. We appointed counsel to represent him on this appeal.
After examination of the record, counsel filed an "Opening Brief" in which no issues were raised. On May 13, 2003, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that appellants attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.