P. v. Gilbert
Defendants Whytinnie Lee Gilbert (Gilbert) and Armand Jamall Johnson (Johnson) appeal following their convictions for second degree robbery in violation of Penal Code Section 211.[1] The trial court denied Gilbert’s motion to sever his trial from Johnson’s. The trial court sentenced Gilbert to the midterm of three years for the robbery and one consecutive year under section 667.5, subdivision (b) for having suffered a prior prison term, which he admitted. Gilbert was awarded 68 days actual custody credits and 10 days of conduct credits. The trial court sentenced Johnson to the midterm of three years. Johnson was awarded 41 actual credit days and six conduct days. The defendants were ordered to make restitution in the amount of $200 to the victim to be paid jointly and severally.
We appointed counsel to represent defendants on this appeal. After examination of the record, counsel filed “Opening Briefs†acknowledging that they had been unable to find any arguable issues. On January 2, 2013, we advised Johnson that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. On February 28, 2013, we sent Gilbert the same notice. No response has been received to date from either defendant.
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