Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. BA336371, William N. Sterling, Judge.
Kathleen M. Redmond, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance on behalf of Plaintiff and Respondent.
TURNER, P. J.
Defendant, Adrian Turnage, appeals from a judgment after he pled no contest to firearm assault. (Pen. Code, § 245, subd. (a).) On the prosecution’s motion, the trial court dismissed a gang allegation. (§ 186.22, subd. (b)(1)(B).)
All further statutory references are to the Penal Code unless otherwise indicated.
At the time of the plea, defendant was represented by Deputy Public Defender, Cynthia Yuen. On November 25, 2008, through new counsel, Madeline C. Chang, defendant moved to withdraw his no contest plea on the grounds of: ineffective assistance of counsel; failure to advise of constitutional rights; and failure to specify direct consequences of a no contest plea. The trial court conducted evidentiary hearings on the plea withdrawal motion on November 25, 2008, and January 9, 2009. On January 9, 2009, the trial court denied defendant’s motion to withdraw his plea. Also on January 9, 2009, the trial court sentenced defendant to a four year term. Defendant was ordered to pay a restitution fine of $200 (§1202.4) and a parole revocation restitution fine of $200. (§1202.45.) Defendant received a total presentence custody credit of 498 days consisting of 332 days of actual custody plus 166 days of conduct credit. Defendant obtained a probable cause certificate and appealed the conviction.
We appointed counsel to represent defendant on appeal. After examination of the record, counsel filed an “Opening Brief” in which no issues were raised. Instead, counsel requested this court to independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. On August 7, 2009, we advised defendant that he had 30 days within which to personally submit any contentions or arguments he wishes us to consider. No response has been received. We have examined the entire record and are satisfied that defendant’s appellate attorney has fully complied with her responsibilities and that no argument exists favorable to defendant. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Wende, supra, 25 Cal.3d at p. 441.)
The judgment is affirmed.
We concur: ARMSTRONG, J., KRIEGLER, J.