THE PEOPLE v. JIMMIE WEST (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Jimmie West appeals from the judgment entered upon his conviction by jury of assault with a deadly weapon (Pen.Code, § 245, subd. (a)(1), count 4).   The trial court found to be true the allegation that appellant had suffered a prior felony strike within the meaning of Penal Code sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i) and the allegation that he suffered a prior serious felony within the meaning of Penal Code section 667, subdivision (a).   After denying his Romero ¹ motion, the trial court sentenced appellant to an aggregate state prison term of 11 years.

Appellant's conviction arose from the following facts:

Appellant resided in a residential hotel on Boyd Street, in downtown Los Angeles.   Ronald Gilliard (Gilliard) also lived there on the same floor.

On September 13, 2009, Gilliard was watching a football game in his room with the door open.   Appellant began bothering him.   The confrontation escalated, into name-calling, pushing and appellant's threat to call the police.   Gilliard pushed appellant out the doorway to Gilliard's room and closed the door.   Appellant continued to knock on the door and bother him.   Gilliard gave his video camera to a neighbor, who video-recorded appellant's actions that day.   Gilliard intended to show the video to the building manager.

The next day, Gilliard met appellant in the hallway, and name calling resumed.   Gilliard went to his room, got his camera and began to video and audio record the events to show the building manager that appellant was harassing him.   Appellant had a knife in his hands with which he lunged and slashed at Gilliard several times.   Gilliard claimed that the knife poked him five times, causing small cuts on Gilliard's chest.   Another resident took the knife from appellant and gave it to the manager.

At trial, the jury was shown the videotape and received transcripts of the incident.   Gilliard identified appellant in the video and the knife as the one used in the attack.

We appointed counsel to represent appellant on appeal.   After examination of the record, counsel filed an “Opening Brief” in which no issues were raised.   On August 3, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider.   No response has been received.

We have examined the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist.  (People v. Wende (1979) 25 Cal.3d 436, 441.)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

FOOTNOTES

FOOTNOTE.  

FN1. People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero )..  FN1. People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero ).

THE COURT: * FN*.  BOREN, P. J., ASHMANN–GERST, J., CHAVEZ, J.