P. v. Depaz
Filed 3/16/06 P. v. Depaz CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. JOSE ARNOLDO DEPAZ, Defendant and Appellant. | B182645 (Los Angeles County Super. Ct. No. BA214479) |
APPEAL from an order of the Superior Court of Los Angeles County,
Judith L. Champagne, Judge. Affirmed.
Matthew Alger, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_________________________
Jose Arnoldo DePaz appeals the order denying his request, pursuant to Penal Code section 1170, subdivision (d), to recall the eight-year prison term imposed for DePaz's conviction of assault with a firearm with the personal use of a firearm. (Pen. Code, §§ 245, subd. (a)(2), 12022.5, subd. (a).) We appointed counsel to represent DePaz on this appeal. After examination of the record, counsel filed an opening brief in which no issues were raised and which requested this court to conduct an independent review of the record. By notice filed December 30, 2005, the clerk of this court advised DePaz to submit any contention, ground of appeal or argument he wished this court to consider within 30 days. No response has been received to date.
We have examined the entire record and are satisfied DePaz's counsel has complied fully with counsel's responsibilities. (Smith v. Robbins (2000) 528 U.S. 259, 278-284 [145 L.Ed.2d 756]; People v. Wende (1979) 25 Cal.3d 436, 443.)
DISPOSITION
The order denying DePaz's motion to recall the sentence previously imposed is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
KLEIN, P. J.
We concur:
CROSKEY, J.
KITCHING, J.
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