P. v. Romero

P. v. Romero

Filed 10/21/08 P. v. Romero CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, v. ALFREDO ROMERO, Defendant and Appellant.

B204092 (Los Angeles County Super. Ct. No. KA072443)

APPEAL from judgment of the Superior Court of Los Angeles County, Jack P. Hunt, Judge. Affirmed.

Dennis L. Cava, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Alfredo Romero appeals from the judgment entered following his no contest plea to assault with a firearm (Pen. Code, 245, subd. (a)(2)) and his admission that he personally used a firearm, a handgun, within the meaning of Penal Code section 12022.5, subdivision (a)(1). Pursuant to the negotiated plea, two counts of attempted murder (Pen. Code, 664/187) and one count of shooting at an occupied vehicle (Pen. Code,  246) were dismissed and appellant was sentenced to prison for six years, consisting of the middle term of three years plus three years for the firearm enhancement.

The evidence at the preliminary hearing established that on May 4, 2005, Christopher Gonzalez drove to appellants residence in Azusa to collect money appellant owed. When appellant told Mr. Gonzalez he did not have the money, Mr. Gonzalez became enraged and attacked him. Appellants father got in between the two men. Appellant was carrying a .357 handgun in his waistband and fired it three times at Mr. Gonzalez. The first shot went into a glass table, the second into the side of Mr. Gonzalez, and appellant was not sure whether the third shot penetrated Mr. Gonzalez, but it was pretty close. Appellant had seen Mr. Gonzalez struggling with his father and after firing the first time, saw the top of a gun, or what looked like a gun, in Mr. Gonzalezs hand. After Mr. Gonzalez fell to the ground, appellant looked outside to see where Mr. Gonzalezs companion, Jason Olivas, was and saw him running across the street. Appellant saw Mr. Olivas with a gun pinned to his leg, exiting a vehicle, going toward appellants house. Believing Mr. Olivas was going to assault him, appellant fired at Mr. Olivas several times. After Mr. Olivas returned to his truck, appellant fired one round into the truck and told him, Dont move. Stay right there. Mr. Olivas was shot one time in the arm.

Appellant told the police he was a victim protecting his family and as a result shot Mr. Gonzalez and Mr. Olivas. Neighbors heard the gunshots and, at appellants request, called the police.

Following an investigation, it was determined that seven shots were fired from the two guns recovered at the scene, a .357 magnum and a .22 caliber. The gunshot wound to Mr. Gonzalezs torso was consistent with the .357 handgun and the gunshot to his head was consistent with the .22 caliber handgun.

After review of the record, appellants court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.

On May 29, 2008, 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.

We have examined the entire record and are satisfied that no arguable issues exist and that appellant has, by virtue of counsels compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

MANELLA, J.

We concur:

EPSTEIN, P. J. SUZUKAWA, J.

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