P. v. Nguyen













Filed 11/17/10 P. v. Nguyen CA6




NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. TRUNG MANH NGUYEN, Defendant and Appellant.

H035586 (Santa Clara County Super. Ct. No. CC820062)

I. INTRODUCTION
After a jury trial, defendant was found guilty of three felony counts of robbery in the second degree (Pen. Code, §§ 211, 212.5, subd. (c)).[1] The jurors deadlocked on allegations that defendant had personally used a firearm in the commission of each robbery (§ 12022.53, subd. (b)) and the trial court subsequently granted the People's request for dismissal of the firearm allegations. The trial court imposed a total term of five years in the state prison.
Defendant filed a timely notice of appeal, and we appointed counsel to represent him in this court. Appointed counsel has filed an opening brief that states the case and facts but raises no issue. We notified defendant of his right to submit written argument on his own behalf within 30 days. The 30-day period has elapsed and we have received no response from defendant.
Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following the California Supreme Court's direction in People v. Kelly, supra, 40 Cal.4th at page 110, we provide â€