Opinion
2d Crim. No. B240512
11-20-2012
THE PEOPLE, Plaintiff and Respondent, v. OTIS VANN, Defendant and Appellant.
Alan E. Spears, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. BA351183)
(Los Angeles County)
Otis Vann, Jr. appeals from a post-judgment order requiring him to pay restitution of $5,278.91 to the California Victim Compensation and Government Claims Board (the Board). The Board paid the medical expenses of the victim, who was stabbed in the stomach. Appellant was convicted by a jury of assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and threatening to commit a crime that would result in death or great bodily injury. (§ 422, subd. (a).) As to the assault count, the jury found true an allegation that appellant had personally inflicted great bodily injury. (§ 12022.7, subd. (a).) As to the threat count, the jury found true an allegation that appellant had been armed with a deadly weapon (a knife). (§ 12022, subd. (b)(1).) Appellant was sentenced to prison for five years.
All statutory references are to the Penal Code.
We appointed counsel to represent appellant in this appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. Counsel requested that we take judicial notice of the record in the related appeal from appellant's judgment of conviction in People v. Vann, Jr., No. B233769. The request is granted.
On August 29, 2012, we wrote a letter to appellant advising him that he had 30 days within which to personally submit any contentions or issues he wished us to consider. Appellant has not responded to our letter.
We have examined the entire record and are satisfied that appellant's appointed counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The order is affirmed.
NOT TO BE PUBLISHED.
YEGAN, J. We concur:
GILBERT, P.J.
PERREN, J.
Barbara R. Johnson, Judge
Superior Court County of Los Angeles
Alan E. Spears, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Respondent.