THE PEOPLE v. EFRAM VAUGHN (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Defendant and appellant Efram Vaughn was convicted by jury of assault with a firearm in violation of Penal Code section 245, subdivision (a)(2).   The jury also found defendant personally used a handgun in the commission of the offense within the meaning of section 12022.5, subdivision (a).   The jury was unable to reach a verdict on two remaining counts of attempted murder, which were dismissed.   Defendant admitted serving prior prison terms in three cases within the meaning of section 667.5, subdivision (b).

The trial court sentenced defendant to 14 years in state prison.   Defendant filed a timely notice of appeal.   This court appointed counsel to represent defendant on appeal.   Appointed counsel filed a brief on November 5, 1010, raising no issues but requesting this court to independently review the record for arguable contentions pursuant to People v. Wende (1979) 25 Cal.3d 426.

On November 5, 2010, this court advised defendant he had 30 days to submit a supplemental brief or letter raising appellate issues.   At defendant's request, this court granted defendant an extension of time to file a supplemental brief to January 5, 2011.   Defendant has failed to file a supplemental brief with this court.

We summarize the facts in the light most favorable to the judgment.   Two assailants with their faces covered with rags or scarves, one armed with a handgun and the other with a shotgun, approached cousins Kerisiano Asuega and Robert Seilala at 1433 West 145th Street in Gardena on the night of April 26, 2009.   Shots were fired, and Seilala suffered a head wound.   Shell casings from a .25-caliber handgun and a shotgun casing were recovered at the scene.   The shooting was preceded by a physical altercation at the same location a few weeks earlier.

Trumel Hines was in an apartment across the street from the shooting.   He heard the shooting but did not see it happen.   He saw a male, whom he later identified as defendant in a photographic lineup and at the preliminary hearing and trial, run from the scene and jump a wall.

Richard Keifer lived across the street from the shooting location.   He told a police officer he was sitting on the porch when he saw someone he knew as “T” and defendant, whom he knew as “Fig,” walk across the street and begin shooting.   Keifer also identified defendant's photograph as the person who fired the handgun at the victims.

We have completed our independent review of the record and hold there are no arguable appellate issues.   The evidence is sufficient to support the judgment, the jury instructions were complete, and the sentence was authorized by statute.

The judgment is affirmed.  (Smith v. Robbins (2000) 528 U.S. 259.)

KRIEGLER, J.

We concur:

ARMSTRONG, Acting P. J.

MOSK, J.