Filed
5/29/13 P. v. Sanchez
CA2/1
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opinion has not been certified for publication or ordered published for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
ONE
THE PEOPLE,
Plaintiff and Respondent,
v.
GABRIEL RAY SANCHEZ,
Defendant and Appellant.
B244706
(Los Angeles
County
Super. Ct.
No. KA098601)
APPEAL from
a judgment of the Superior Court
of
County. Daniel Lopez,
Judge. Affirmed.
______
Kelly C.
Martin, under appointment by the Court of Appeal, for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
______
>
A felony
complaint, filed on August 24, 2012,
charged Gabriel Ray Sanchez with eight counts:
(1) attempted willful, deliberate and premeditated murder (Penal Code,
§ 664, subd. (a))
name="_ftnref1" title="">[1]
(counts 1 and 2); (2) assault with a firearm (§ 245, subd. (a)(2))
(counts 3 and 4); (3) criminal threats (§ 422, subd. (a)) (counts 5 and
6); and (4) shooting at an inhabited dwelling (§ 246) (counts 7 and 8). As to the attempted murder charges in counts
1 and 2, the felony complaint specially alleged that Sanchez personally and
intentionally had used and discharged a firearm, a rifle, while committing the
offenses (§ 12022.53, subds. (b) & (c)). As to counts 3 and 4 for assault with a
firearm and counts 7 and 8 for shooting at an inhabited dwelling, the
felony complaint specially alleged that Sanchez personally had used a firearm,
a rifle, while committing the offenses (§ 12022.5, subd. (a)). Sanchez pleaded not guilty to all charges and
denied the special allegations.
Before any
preliminary hearing, pursuant to the parties’ negotiated disposition, the trial
court deemed the felony complaint filed as an information. Sanchez withdrew his not guilty plea as to
counts 7 and 8 for shooting at an inhabited dwelling and entered a plea of no
contest on those counts. Sanchez also
admitted as to count 7 that he personally had used a firearm while committing
the offense (§ 12022.5, subd. (a)). The
court sentenced Sanchez to a state prison term of 18 years 8 months: (1) the upper term of 7 years on count
7, plus the upper term of 10 years for the section 12022.5, subdivision (a), enhancement;
and (2) a consecutive term of 1 year 8 months (one-third the 5-year midterm) on
count 8. The court dismissed all
remaining counts and special allegations.
Sanchez
filed a notice of appeal, contending that “[t]his appeal is based on the sentence
or other matters occurring after the plea that do not affect the validity of
the plea.†We appointed counsel to
represent Sanchez in the matter. After
examining the record, counsel filed a Wende
brief raising no issues on appeal and requesting that we independently
review the record. (People v. Wende (1979) 25 Cal.3d 436.) On April 8, 2013, we directed appointed counsel to
immediately send the record on this appeal and a copy of the
Sanchez that he had
30 days to submit by letter or brief any ground of appeal, contention or
argument he wished us to consider. We
did not receive a response.
We have reviewed the entire record
on appeal. Based on our analysis of the
record, we are satisfied that Sanchez’s appointed counsel on appeal has
fully complied with her responsibilities and that no arguable appellate
issue exists. (People v. Wende, supra,
25 Cal.3d at p. 441; People v. Kelly
(2006) 40 Cal.4th 106, 110.)
DISPOSITION
The
judgment is affirmed.
NOT TO
BE PUBLISHED.
ROTHSCHILD,
J.
We concur:
MALLANO
P. J.
JOHNSON,
J.
name="_ftn1" title="">
references are to the Penal Code.
