Opinion
NOT TO BE PUBLISHED
Superior Court County of Los Angeles, Barbara R. Johnson, Judge, No. BA328283
Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
GILBERT, P.J.
Marco Vargas appeals a judgment of conviction on two counts of attempted premeditated and deliberate murder, with findings of personal weapon use and commission of the crimes to benefit a criminal street gang. (Pen. Code, §§ 664, 187, subd. (a), 12022.53, subds. (b), (c) & (e)(1), 186.22, subd. (b)(1)(C).)
All further statutory references are to the Penal Code.
The prosecution charged Vargas with two counts of attempted premeditated and deliberate murder based upon his firing a firearm at two men who were sitting on the stairs of a Los Angeles apartment building. At trial, the prosecutor presented evidence that Vargas was a member of a criminal street gang and fired his firearm in an area claimed by a rival street gang. In a police interview, Vargas admitted being at the scene of the shootings armed with a handgun. He denied firing the weapon, however. The prosecutor also presented evidence of a recorded conversation between Vargas and his mother. In the conversation, Vargas admitted firing his firearm because he had been shot at earlier by rival gang members.
Following his conviction by jury trial, the trial court sentenced Vargas to a life sentence plus a determinate term of 20 years. The court imposed and stayed sentence for the criminal street gang allegation. (§§ 186.22, subd. (b)(1)(C), 12022.53, subd. (e)(2).) It also ordered sentence for count 2 to be served concurrently to count 1. The court imposed a restitution fine and a parole revocation restitution fine, and awarded Vargas 1132 days of presentence custody credit.
We appointed counsel to represent Vargas in this appeal. After counsel's examination of the record, she filed an opening brief raising no issues.
On June 24, 2009, we advised Vargas that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response.
We have reviewed the entire record and are satisfied that Vargas's attorney has fully complied with her responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: COFFEE, J., PERREN, J.