P. v. Allison
Filed 10/1/09 P. v. Allison CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. ANTONIO DIONE ALLISON, Defendant and Appellant. | C061358 (Super. Ct. No. 07F06226) |
Defendant Antonio Dione Allison and his friend Walter Bell shot David M. and Joshua McClaine. David and Joshua had gotten into a fight with defendants mother, Tina. The fight turned physical, with both Tina and the McClaines sustaining injuries. Tina eventually called Bell to come get her, and he threatened the McClaines with a shotgun. About one hour later, officers were called to the scene. David had been shot in the face and Joshua in the chest. Both David and Joshua were shot with a shotgun. David lost an eye as a result of his injuries, and Joshua has a shotgun projectile lodged in or near his heart that cannot be removed.
Defendant was charged with two counts of attempted murder, residential burglary, and possession of a firearm by a convicted felon. As to both attempted murder counts, it was further alleged defendant had personally discharged a firearm, personally discharged a firearm causing great bodily injury, personally used a firearm, and personally inflicted great bodily injury upon the victim. As to the burglary count, it was also alleged defendant had personally used a shotgun and caused bodily injury, causing the burglary to become both a serious and violent felony. In addition, two prior strike convictions were alleged, as well as one prior prison term.
Defendant pled guilty to the two attempted murder counts and admitted the personal firearm use enhancements and the personal infliction of great bodily injury enhancements as to each count. The burglary and possession of a firearm by a convicted felon counts were dismissed, along with the prior conviction allegations. In exchange, defendant agreed to a stipulated term of 28 years 8 months. Defendant was sentenced in accordance with the plea. Various fines and fees were imposed. Defendant did not obtain a certificate of probable cause.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
RAYE , J.
We concur:
SIMS , Acting P. J.
CANTIL-SAKAUYE , J.
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