Opinion
B286468
07-23-2018
THE PEOPLE, Plaintiff and Respondent, v. ALVIN JONES, Defendant and Appellant.
Mark S. Devore, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. TA144034) APPEAL from a judgment of the Superior Court of Los Angeles County, Laura R. Walton, Judge. Affirmed. Mark S. Devore, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
On November 16, 2017, a jury found defendant Alvin Jones guilty of assaulting Richard Romero with a knife, in violation of Penal Code section 245, subdivision (a)(1). The trial court sentenced defendant to two years in state prison.
The prosecution presented substantial evidence defendant attacked Romero with a knife. Romero so testified. This was consistent with what Romero and his wife had told responding officers. An eyewitness saw defendant wielding a knife and chasing Romero. Officers found a knife with an eight-inch blade next to a chair in which defendant was seated. Defendant testified Romero had repeatedly verbally threatened and physically assaulted him, causing him to fear Romero. Defendant admitted arming himself with the knife and accosting Romero. Defendant said he only wanted to scare Romero.
We appointed counsel to represent defendant on appeal. Defendant's appointed appellate counsel filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436 requesting that we independently review the entire record to determine if there are any arguable issues. On May 9, 2018, we notified defendant that appointed appellate counsel had failed to find any arguable issues and defendant had 30 days within which to independently brief any grounds for appeal, contentions, or arguments he wanted us to consider. We have reviewed the record and are satisfied that defendant's appointed appellate counsel has fully complied with his responsibilities and no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.)
In a supplemental brief, defendant asserts his innocence, asks this court to conduct further investigation, and seeks our review of additional evidence. These assertions concern facts that were not presented to the jury, are not a part of the record before us, and cannot be reviewed on this appeal from the judgment. (People v. Kelly (2006) 40 Cal.4th 106, 126.) Defendant additionally requests that we review the transcript from the proceedings on September 15, 2017. We have done so and conclude no arguable issues exist for appeal.
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. --------
We concur:
BAKER, Acting P.J.
MOOR, J.