Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. VA093233.
BOREN, P. J., ASHMANN-GERST, J., CHAVEZ, J.
Curtis Lee Wallace, Jr. (appellant) appeals from the judgment entered following remand for resentencing. Appellant was convicted of one count of attempted murder (Pen. Code, §§ 664, 187, subd. (a)) (count 1) and one count of attempted voluntary manslaughter (§§ 664, 192, subd. (a)) (count 2).
All further statutory references are to the Penal Code unless otherwise indicated.
At the resentencing hearing, the trial court sentenced appellant to 46 years and four months to life. The sentence in count 1 consisted of the midterm of seven years for the attempted murder and consecutive enhancements of 25 years to life for a firearm use enhancement (§ 12022.53, subd. (d)) and 10 years for a street gang allegation (§ 186.22, subd. (b)(1)(C)). The sentence in count 2 consisted of one-third the midterm, or one year, for the attempted voluntary manslaughter and a consecutive enhancement of three years and four months for a street gang allegation (one-third the 10-year enhancement imposed in count 1).
We appointed counsel to represent appellant on this appeal. After examination of the record, counsel filed an “Opening Brief” containing an acknowledgment that he had been unable to find any arguable issues. On February 18, 2009, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.
This court affirmed appellant’s judgment of conviction in case No. B193838 and remanded the matter for resentencing. The trial court had failed to impose or strike the 10-year enhancement in count 1 for the street gang allegation (§ 186.22, subd. (b)(1)(C)), which the jury found true. The trial court had imposed a five-year enhancement for the street gang allegation found true in count 2. At the resentencing hearing, the trial court imposed the 10-year gang enhancement in count 1 and stated that its failure to impose it at the initial sentencing had been due to inadvertence. The trial court then imposed one-third the 10-year enhancement in count 2 as prescribed by section 1170.1, subdivision (a).
We have examined the entire record and are satisfied that appellant’s attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.