P. v. Burnside
Filed 4/28/08 P. v. Burnside CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN
THE PEOPLE, Plaintiff and Respondent, v. DARRYL T. BURNSIDE, Defendant and Appellant. | B201515 (Los Angeles County Super. Ct. No. YA054685) |
APPEAL from a judgment of the Los Angeles County Superior Court,
Eric C. Taylor, Judge. Affirmed.
Joanna McKim, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
____________________________
This case is before us for a second time. Darryl T. Burnside, a known gang member, fired three shots at Jorge Buenos face, killing him, before leaving with Buenos bicycle.
A jury convicted Darryl T. Burnside of the first-degree murder (Pen. Code, 187, subd. (a))[1](count 1) and second-degree robbery ( 211) (count 2) of Jorge Bueno, and found Burnside committed the offenses to benefit a criminal street gang ( 186.22, subd. (b)(1)) and personally discharged a firearm proximately causing great bodily injury and death to Bueno ( 12022.53, subd. (d)).
The trial court sentenced Burnside to indeterminate terms of 25 years to life for first degree murder (count 1) and 25 years to life for the firearm-use enhancement, plus determinate terms of three-years for second degree robbery (count 2), and 10 years for the criminal street gang enhancement.
Among Burnsides contentions in his first appeal was the trial court erred in failing to state its reasons for imposing consecutive sentences on counts 1 and 2. We agreed, and affirmed the judgment but remanded the matter for resentencing on count 2.
On remand, the trial court resentenced Burnside to three years for second degree robbery (count 2) plus 10 years for the criminal street gang enhancement. The court ordered this 13-year determinate sentence was to be served concurrently with the indeterminate 25 years to life terms imposed for first degree murder (count 1) and the firearm-use enhancement.
Burnside timely filed a notice of appeal and we appointed counsel to represent him on this second appeal. After examination of the recordcounsel filed an Opening Brief in which no issues were raised. On February 20, 2008, we advised Burnside he had 30 days within which to personally submit any contentions or issues he wished us to consider. We have received no response to date.
We have examined the entire record and are satisfied Burnsides 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; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
ZELON, J.
We concur:
PERLUSS, P. J.
WOODS, J.
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[1] Statutory references are to the Penal Code.
