P. v. James
Filed 3/13/07 P. v. James CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, Plaintiff and Respondent, v. JESSIE JAMES, Defendant and Appellant. | 2d Crim. No. B192629 (Super. Ct. No. MA030362) (Los Angeles County) |
Jessie James, also known as Jessie Boyus, appeals from the judgment after a jury convicted him of first degree murder by personally discharging a firearm and found the gang enhancement to be true. (Pen. Code, 187, 12022.53, subd. (b); 186.22, subd. (b)(1).) The trial court sentenced him to serve 50 years to life in state prison, imposed $200 in fines and awarded 572 days credit for time served.
FACTS AND PROCEDURAL HISTORY
On November 18, 2004, James shot and killed Israel Escobar during a gang confrontation.
At trial, the victim's brother, Estavan Contreras, testified he was present at the time his brother was shot. He recognized James as the person who shot his brother because they attended the same middle school. While being questioned by the police on the day of the shooting, Contreras picked out James from a photo lineup. A second eyewitness saw James holding a gun and identified him as the person who shot Escobar.
A forensics expert testified that the bullet taken from the victim's body and two cartridge cases recovered at the scene were from a gun found in a house of one of James' friends. A sheriff's deputy, expert in gang crimes, testified that James was a member of a gang known as the Bounty Hunters. The defense presented no rebuttal evidence.
We appointed counsel to represent James in this appeal. After reviewing the record, counsel filed an opening brief requesting this court to independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436. On November 17, 2006, we advised James that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. On December 27, 2006, we granted James' request for an extension of time to file a supplemental opening brief to February 1, 2007. James failed to file a brief or any other response.
We have reviewed the entire record and are satisfied that James' attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
PERREN, J.
We concur:
GILBERT, P.J.
COFFEE, J.
Carol Koppel, Judge
Superior Court County of Los Angeles
______________________________
J. Kahn, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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