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People v. Payan

California Court of Appeals, Second District, Fifth Division
Apr 14, 2008
No. B199232 (Cal. Ct. App. Apr. 14, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. DAMIAN ANTHONY PAYAN, Defendant and Appellant. B199232 California Court of Appeal, Second District, Fifth Division April 14, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County. Super. Ct. No. VA098380, Margaret Miller Bernal, Judge.

Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

ARMSTRONG, J.

Damian Anthony Payan appeals from the judgment entered following his conviction, after a jury trial, of violation of Penal Code section 12021, subdivision (a)(1) (possession of a firearm by a felon) and section 12031, subdivisions (a)(1) and (a)(2)(A) (carrying a loaded firearm when previously convicted of a felony). The information also alleged pursuant to section 667.5, subdivision (b) that defendant had suffered three prior convictions for which he had served prison terms. Defendant was sentenced to the mid term of two years on the first count; sentence on the second count was stayed pursuant to section 654. Probation in two prior cases (VA093809 and VA096374) was revoked, and 16-month concurrent terms were imposed in those cases. After finding true the prior prison term allegations, the trial court sentenced defendant to three additional one-year terms. We appointed counsel to represent him on this appeal.

After examination of the record, counsel filed an opening brief which contained an acknowledgment that she had been unable to find any arguable issues. On December 27, 2007, defendant filed a supplemental letter brief, arguing that he had not received a fair trial.

We have examined the entire record and are satisfied that defendant's appellate attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

We concur: TURNER, P. J., MOSK, J.


Summaries of

People v. Payan

California Court of Appeals, Second District, Fifth Division
Apr 14, 2008
No. B199232 (Cal. Ct. App. Apr. 14, 2008)
Case details for

People v. Payan

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DAMIAN ANTHONY PAYAN, Defendant…

Court:California Court of Appeals, Second District, Fifth Division

Date published: Apr 14, 2008

Citations

No. B199232 (Cal. Ct. App. Apr. 14, 2008)