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P. v. Reid

P. v. Reid
03:30:2010



P. v. Reid



Filed 7/27/09 P. v. Reid CA2/8













NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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



THE PEOPLE,



Plaintiff and Respondent,



v.



NICHOLAS REID,



Defendant and Appellant.



B214219



(Los Angeles County



Super. Ct. No. BA345477)



APPEAL from a judgment of the Superior Court of Los Angeles County. George G. Lomeli, Judge. Affirmed.



Lenore De Vita, under appointment by the Court of Appeal, for Defendant and Appellant.



No appearance for Plaintiff and Respondent.



__________________________



Nicholas Reid was charged with, and pleaded guilty to, three counts of second degree robbery, seven counts of assault with a firearm, and five counts of attempted second degree robbery, along with allegations of firearm use (Pen. Code,  1203.06, subd. (a)(1), 12022.53, subd. (b), 12055.5, subd. (a)) and other sentence enhancement factors. Instead of the possible maximum term of more than 45 years, he received a state prison sentence of 16 years.



Reids victims testified at the preliminary hearing about being robbed, or avoiding an attempted robbery, by a man who matched Reids description. Several of the victims positively identified Reid as their assailant. Reid was arrested by police officers who responded to a police radio dispatchers armed robbery report and stopped Reid because he matched the robbers description. The victim of that robbery identified Reid at a field show-up.



Reid filed a notice of appeal. On June 4, 2009, his appointed appellate counsel filed a Wende brief. Attached to the brief was a declaration from counsel stating that she had reviewed the record, written to Reid, sent him a copy of the brief and the record, and advised him of his right to file a supplemental brief within 30 days. That same day we sent Reid a letter concerning his counsels inability to find any arguable issues and advised him of his right to file supplemental briefing. Reid did not file a supplemental brief. We have examined the entire record and are satisfied that appellants attorney has fully complied with his responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259; People v. Wende (1979) 25 Cal.3d 436.)



DISPOSITION



The judgment is affirmed.



RUBIN, ACTING P. J.



WE CONCUR:



FLIER, J.



BENDIX, J.*



Publication courtesy of San Diego pro bono legal advice.



Analysis and review provided by Poway Property line attorney.



San Diego Case Information provided by www.fearnotlaw.com







* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.





Description Reids victims testified at the preliminary hearing about being robbed, or avoiding an attempted robbery, by a man who matched Reids description. Several of the victims positively identified Reid as their assailant. Reid was arrested by police officers who responded to a police radio dispatchers armed robbery report and stopped Reid because he matched the robbers description. The victim of that robbery identified Reid at a field show-up.
Reid filed a notice of appeal. On June 4, 2009, his appointed appellate counsel filed a Wende brief. Attached to the brief was a declaration from counsel stating that she had reviewed the record, written to Reid, sent him a copy of the brief and the record, and advised him of his right to file a supplemental brief within 30 days. That same day Court sent Reid a letter concerning his counsels inability to find any arguable issues and advised him of his right to file supplemental briefing. Reid did not file a supplemental brief. Court have examined the entire record and are satisfied that appellants attorney has fully complied with his responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259; People v. Wende (1979) 25 Cal.3d 436.)

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