THE PEOPLE v. JUSTIN MONTGOMERY

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Court of Appeal, Second District, California.

THE PEOPLE, Plaintiff and Respondent, v. JUSTIN MONTGOMERY, Defendant and Appellant.

B225344

Decided: October 24, 2011

Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

This case comes before us a second time.   Appellant Justin Montgomery (“Montgomery”) was convicted of attempted murder (Pen.Code, §§ 187, subd. (a), 664),1 assault with a semiautomatic firearm (§ 245, subd. (b)), shooting at an occupied motor vehicle (§ 246), and possession for sale and transportation of marijuana and cocaine base (Health & Saf.Code, §§ 11359, 11351.5, 11352, subd. (a), 11360, subd. (a)).  At sentencing, the trial court stated that Montgomery had admitted to a prior felony strike (§§ 667, subds.(b)-(i), 1170.12, subds. (a)-(d)), and sentenced him to an aggregate term of 30 years to life, plus 15 years.

On June 4, 2010, Montgomery appeared in the trial court and waived his right to a jury trial in favor of a bench trial on the prior felony strike allegation.   At the conclusion of the bench trial, the trial court found the prior strike allegation to be true, and reimposed the original sentence of 30 years to life, plus 15 years.   This appeal followed.

We appointed counsel to represent Montgomery on appeal.   After an examination of the record, counsel filed an opening brief in which no issues were raised.   On June 20, 2011, we advised Montgomery he had 30 days within which to personally submit any contentions or issues he wished us to consider.   No response has been received to date.

We have examined the entire record and are satisfied Montgomery's attorney has fully complied with the responsibilities of counsel and no arguable issues exist.  (Smith v. Robbins (2000) 528 U.S. 259, 277–284 [120 S.Ct. 746, 145 L.Ed.2d 756];  People v. Kelly (2006) 40 Cal.4th 106, 112–113;  People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

We concur:

FOOTNOTES

FN1. Unless otherwise stated, all further statutory references are to the Penal Code..  FN1. Unless otherwise stated, all further statutory references are to the Penal Code.

PERLUSS, P. J. WOODS, J.