Filed 1/12/16 P. v. McCary CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent,

v.

TERRELL MCC ARY,

Defendant and Appellant. B265701

(Los Angeles County

Super. Ct. No. BA434535)

APPEAL from an order of the Superior Court of the County of Los Angeles, Craig

J. Mitchell, Judge. Affirmed.

Patricia J. Ulibarri, under appointme nt by the Court of Appeal, for Defendant and

Appellant.

No appearance by Plaintiff and Respondent.2 INTRODUCTION

The District Attorney of Los Angeles County filed an information charging

defendant and appellant Terrell McCary with criminal threats

. (Pe n. Code, § 422, subd.

(a)

. ) The information alleged that during the commission and attempted commission of

that offense, defendant personally used a deadly and dangerous weapon (a knife). (Pen.

Code, § 12022, subd. (b)(1).) The information further alleg ed that the offense was a

serious felony, a violent felony, or an offense requiring registration under Penal Code

section 290, subdivision (c)

, and that incarceration for the offense was to be served in

state prison pursuant to Penal Code section 1170, sub division (h)(3). Defendant pleaded

not guilty and denied the special allegation s

.

The trial court granted the prosecution’s motion to amend the information to add

as count 2 a violation of Penal Code section 245, subdivision (a)(4)

— assault with intent

to commit great bodily injury

. Defendant pleaded no contest to count 2. The trial court

sentenced defendant to three years in state prison and suspended execution of sentence.

The trial court placed defendant on formal probation for three years under va rious terms

and conditions, including the condition that he serve 270 days in the Los Angeles County

jail. The trial court dismissed the remaining count and special allegations.

On appeal, defendant ’ s appointed counsel filed an opening brief in accord ance

with People v. Wende (1979) 25 Cal.3d 436 requesting that this court conduct an

independent review of the record to determine if there are any arguable issues. On

October 6, 2015, we gave notice to defendant that counsel had failed to find any arguab le

issues and that defendant had 30 days within which to submit by brief or letter any

grounds of appeal, contentions, or arguments he wished this court to consider. Defendant

did not file a brief or letter. 1

1 The United States Postal Service returned ou r notice to defendant . Defendant

apparently was released from the Los Angeles County jail witho ut providing a

forwarding address.3 DISCUSSION 2

We have reviewed the record a nd are satisfied that defendant ’ s counsel has fully

complied with her responsibilities and that no arguable issues exist. ( People v. Wende,

supra, 25 Cal.3d at p. 441.) Accordingly, we affirm the judgment

.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

MOSK, Acting P. J.

We concur:

KRIEGLER, J.

BAKER, J.

2 We omit a recitation of the facts as defendant’s notice of appeal states that his

appeal is based on his sentence or other matters that occurred after his plea that do not

affect the validity of the plea.