P. v. Fuamatu
Raymond Angel Fuamatu (appellant) appeals from the judgment entered following a jury trial that resulted in his conviction for second degree robbery (Pen. Code, § 211).[1] The jury found true the allegation that appellant personally used a firearm during the commission of the offense (§ 12022.53, subd. (b)). The trial court sentenced appellant to 12 years in state prison comprised of the low term of two years for the robbery, plus 10 years for the firearm allegation.
We appointed counsel to represent him on appeal. After examination of the record, counsel filed an “Opening Brief†in which no issues were raised. On September 9, 2013, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
Appellant’s conviction was based upon the following facts: On October 22, 2012, at approximately 7:40 p.m. Juan Garcia was walking towards Firestone Boulevard in the City of Los Angeles. He was approached by two men on bicycles—one to his left side and the other in front of him. Appellant, who wore a red sweatshirt with a hood asked Garcia where he was from. Garcia responded that he was from the City of Cudahy. Appellant pointed a gun at Garcia’s right side and said “I’m sorry. This is my job. Give me everything you have.†Garcia handed appellant his cell phone and wallet containing approximately $80. Appellant and his companion rode away on bicycles towards Firestone Boulevard. Garcia called 9-1-1 from a nearby laundromat.
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