P. v. Aguirre










Filed 9/7/11 P. v. Aguirre CA2/8




NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, v. CHRISTAIN AGUIRRE, Defendant and Appellant.

B230390 (Los Angeles County Super. Ct. No. TA 113281)

APPEAL from a judgment of the Superior Court of Los Angeles County, Kelvin D. Filer, Judge. Affirmed.

Brandie Devall, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Respondent.


* * * * * *

Appellant Christian Aguirre was charged with and convicted of possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)) and possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)). Appellant was also charged with three other felonies, but the jury could not reach verdicts on these charges. The trial court ultimately dismissed the charges. The court denied probation and sentenced appellant to a total of seven years in prison. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. Appellant was notified that he could file his own brief and to date has not done so. We have reviewed the entire record and find no arguable issues, and we therefore affirm.
STATEMENT OF FACTS
Between 9:00 p.m. and 10:00 p.m. on July 15, 2010, Maria Burgos was in her home with her husband (appellant) when the couple began to argue. Appellant questioned Burgos about her day in a manner that implied she was having an extra marital affair. Burgos left the room and went into the kitchen. Appellant followed. He grabbed her by the neck, began choking her and slammed her into a counter. He pushed her to the floor, placed a nine-millimeter handgun to her head and threatened to kill her. Managing to get away, Burgos ran out of the house and called 911. Just before the officers arrived appellant got into his car and drove away.
Sheriffs initiated both an aerial and ground pursuit. During the aerial pursuit, Sheriffs observed appellant running through several backyards. When deputies finally stopped him, a nine-millimeter handgun was found under a bush in one of those backyards. When deputies searched appellant, 1.20 grams of methamphetamine was recovered from his left front pocket.
DISCUSSION
We have reviewed the entire record, including the sealed transcript of the in camera proceedings held pursuant to appellant’s motion under Pitchess v. Superior Court (1974) 11 Cal.3d 531. We are satisfied that counsel has fully complied with her responsibilities under Wende and no arguable issues exist.
DISPOSITION
The judgment is affirmed.


FLIER, J.
WE CONCUR:


BIGELOW, P. J.


RUBIN, J.


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