P. v. Fernandez
On February 28, 2011, a jury found appellant guilty of five counts of second degree robbery (Pen. Code, § 211).[1] As to count 2, the jury found true that a principal was armed with a firearm (§ 12022, subd. (a)(1)). As to counts 3 and 5, it found true that appellant personally used a firearm (§ 12022.52, subd. (b)). The jury found not true that appellant personally used a firearm as to count 1. Appellant filed a motion for new trial (§ 1181), challenging the sufficiency of the evidence to support the firearm allegations. The motion was heard and denied on November 7, 2011. Subsequently, the matter was transferred for consolidated sentencing with another criminal case involving appellant. With respect to the convictions in this matter, appellant was sentenced to 12 years in state prison.
After appellant filed a timely notice of appeal, this court appointed counsel to represent him. After examining the record, appointed appellate counsel filed a brief raising no issues, but asking this court to independently review the record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441-442. (See Smith v. Robbins (2000) 528 U.S. 259, 264.) On October 5, 2012, we sent a letter advising appellant he had 30 days within which to submit by brief or letter any contentions or arguments he wished this court to consider. No reply was received.
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