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PEOPLE v. VANN, 2d Crim (2012)

Court: Court of Appeals of California Number: incaco20121120048 Visitors: 27
Filed: Nov. 20, 2012
Latest Update: Nov. 20, 2012
Summary: NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS YEGAN, J. Otis Vann, Jr. appeals from a post-judgment order requiring him to pay restitution of $5,278.91 to the California Victim Compensation and Government Claims Board (the Board). The Board paid the medical expenses of the victim, who was stabbed in the stomach. Appellant was convicted by a jury of assault with a deadly weapon (Pen. Code, 245, subd. (a)) 1 and threatening to commit a crime that would result in death or great bodily injury. (
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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

YEGAN, J.

Otis Vann, Jr. appeals from a post-judgment order requiring him to pay restitution of $5,278.91 to the California Victim Compensation and Government Claims Board (the Board). The Board paid the medical expenses of the victim, who was stabbed in the stomach. Appellant was convicted by a jury of assault with a deadly weapon (Pen. Code, § 245, subd. (a))1 and threatening to commit a crime that would result in death or great bodily injury. (§ 422, subd. (a).) As to the assault count, the jury found true an allegation that appellant had personally inflicted great bodily injury. (§ 12022.7, subd. (a).) As to the threat count, the jury found true an allegation that appellant had been armed with a deadly weapon (a knife). (§ 12022, subd. (b)(1).) Appellant was sentenced to prison for five years.

We appointed counsel to represent appellant in this appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. Counsel requested that we take judicial notice of the record in the related appeal from appellant's judgment of conviction in People v. Vann, Jr., No. B233769. The request is granted.

On August 29, 2012, we wrote a letter to appellant advising him that he had 30 days within which to personally submit any contentions or issues he wished us to consider. Appellant has not responded to our letter.

We have examined the entire record and are satisfied that appellant's appointed counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)

The order is affirmed.

GILBERT, P.J. and PERREN, J., concurs.

FootNotes


1. All statutory references are to the Penal Code.
Source:  Leagle

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