Opinion
B229844
01-13-2012
THE PEOPLE, Plaintiff and Respondent, v. JERRY SIMS, Defendant and Appellant.
Sarah A. Stockwell, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. TA110758)
APPEAL from a judgment of the Superior Court of Los Angeles County. Arthur Jean, Jr., Judge. Affirmed.
Sarah A. Stockwell, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
A March 29, 2010 information in case number TA110758 charged Jerry Lee Sims with one count of robbery (Pen. Code, § 211; count 1), and also alleged that he used a deadly and dangerous weapon in commission of the robbery (§ 12022, subd. (b)(1)). The information also included special enhancement allegations related to Sims's prior convictions (§§ 667, subds. (a)(1) & (b)-(i), 667.5, subd. (b), 1170.12, subds. (a)-(d)).
Further statutory references are to the Penal Code.
The matter proceeded to jury trial. On July 14, 2010, the jury informed the trial court that it was deadlocked, and the court declared a mistrial.
On August 25, 2010, the prosecution amended the information to add count 2 alleging assault with a deadly weapon under section 245, subdivision (a)(1), a felony. Sims pleaded no contest to count 2, and the trial court dismissed count 1 for robbery. The court suspended imposition of sentence and placed Sims on formal probation for three years.
On or about October 16, 2010, police arrested Sims on suspicion that he was under the influence of a controlled substance. Based on his training and observations of Sims, a police officer formed the opinion that Sims was under the influence of the drug PCP.
As a result of the October 16, 2010 incident, the District Attorney filed new charges against Sims in case number OLG06805. On November 16, 2010, the trial court summarily revoked Sims's probation in case number TA110758.
On November 18, 2010, the prosecution proceeded with a probation violation hearing in lieu of trial on the new charges. The court found Sims in violation of probation in case number TA110758, based on proof that he was under the influence of a controlled substance. The court dismissed case number OLG06805.
On December 17, 2010, the trial court sentenced Sims to the high term of four years in prison for the assault with a deadly weapon conviction under section 245, subdivision (a)(1). The court noted Sims's "multiple arrests and convictions going back almost 15 years."
Sims appealed. We appointed counsel to represent him on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436. On September 13, 2011, we advised Sims that he personally had 30 days to submit any contentions or issues he wished us to consider. We also directed his appointed counsel to send the record and opening brief to Sims immediately. To date, we have received no response.
While this case was pending on appeal, Sims's appellate counsel filed a motion to correct Sims's presentence credits and the amount of the court security fee under section 1465.8. The trial court granted the motion. The record before us includes the amended abstract of judgment, providing for 524 total days of credit and a $30 court security fee.
The original judgment provided for 523 total days of credit and a $40 court security fee.
--------
We have examined the record and are satisfied that Sims's counsel has complied with her responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109-110; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED.
CHANEY, J.
We concur:
MALLANO, P. J.
ROTHSCHILD, J.