P. v. Bryant CA2/5

Filed 5/9/13 P. v. Bryant CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B245100

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA117610) v.

AMEEN ALI BRYANT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Raul A. Sahagun, Judge. Affirmed. Jennifer M. Hansen, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Following a jury trial, defendant and appellant Ameen Ali Bryant was convicted in count 6 of participation in a criminal street gang (Pen. Code, § 186.22, subd. (a)),1 with a finding that a principle was armed with a firearm in the commission of the offense (§ 12022, subd. (a)(1)). The jury was unable to reach verdicts on two counts of robbery (§ 211). In return for an agreed upon concurrent sentence of two years in state prison, defendant entered a plea of no contest to one count of robbery. The trial court, in compliance with the agreement, sentenced defendant to concurrent two-year terms in state prison and struck the armed allegation in count 6. Defendant filed a timely notice of appeal, specifically stating his intent to challenge the conviction in count 6. This court appointed counsel to represent defendant on appeal. On March 27, 2013, appointed counsel filed a brief raising no issues and requesting this court to review the record independently for arguable appellate contentions pursuant to People v. Wende (1979) 25 Cal.3d 436. Defendant was advised of his right to file a supplemental brief. After being granted an extension of time, defendant filed a letter brief arguing he is not a gang member, has never been a gang member, and the tattoos he has are not gang-related. He further contends he was coerced into pleading no contest to the robbery and only did so to get out of custody, where he was being “attacked and harassed.”