P. v. Ortiz
Filed 4/23/13 P. v. Ortiz CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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 SIX
THE PEOPLE,
Plaintiff and
Respondent,
v.
JAIRO ORTIZ,
Defendant and
Appellant.
2d Crim. No.
B239982
(Super. Ct.
No. BA390014)
(Los
Angeles County)
Jairo Ortiz appeals from
a judgment after conviction by jury of two counts of href="http://www.fearnotlaw.com/">second degree robbery. (Pen. Code, § 211.) The jury found true an allegation that he
personally used a knife. (§ 12022, subd.
(b)(1).) The trial court sentenced Ortiz
to two years in state prison.
We appointed href="http://www.mcmillanlaw.com/">counsel to represent Ortiz in this
appeal. After examining the record and
researching potential issues, counsel advised us she could not find any
arguable issues to raise on Ortiz’s behalf.
Ortiz submitted a
supplemental brief in which he asserts that he was incorrectly identified by
witnesses at trial. He argues that
witness testimony was inconsistent, implausible, and unreliable and points out
the absence of fingerprint evidence. We
do not weigh the evidence or decide the credibility
of the witnesses. Those are matters
exclusively for the trier of fact. (>People v. Ochoa (1993) 6 Cal.4th 1199,
1206.)
We have considered
Ortiz’s brief and reviewed the entire record.
We are satisfied that Ortiz’s attorney has fully complied with her
responsibilities and that no arguable
issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443.)
DISPOSITION
The judgment is
affirmed.
NOT TO BE PUBLISHED.
GILBERT,
P.J.
We concur:
YEGAN, J.
PERREN, J.
Barbara
Johnson, Judge
Superior
Court County
of Los Angeles
______________________________
Ann Krausz, under
appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for
Respondent.