P. v. Bueno

Filed 7/14/06 P. v. Bueno CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

Appellant Sonny Duran Bueno was convicted after a plea of no contest to a charge of attempted murder. His appellate counsel has raised no issues on appeal, and asks this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) We find no errors or other issues requiring further briefing, and affirm.

The record before us indicates that appellant stabbed a victim in the back during an apparently gang-related fight. Appellant was charged with attempted murder and assault with a deadly weapon, together with enhancements for the personal infliction of great bodily injury and for street gang involvement. Subsequently, appellant waived his rights and agreed to the terms of a negotiated disposition under which he plead no contest to attempted murder, while the other count was dismissed, and would receive a sentence of no more than 12 years.

At the time of sentencing, the trial court denied probation and imposed a total sentence of six years, based on a purported lower term for attempted murder of three years, plus a three-year enhancement for the personal infliction of great bodily injury. Thereafter, the Department of Corrections wrote to the court, pointing out that the lower term for attempted murder is five years, not three years, under Penal Code section 664. The prosecutor therefore argued the original sentence was unauthorized and required correction. The court agreed and imposed a total sentence of eight years in state prison.

Appellant was represented by counsel throughout the proceedings. The sentence ultimately imposed was in accord with the plea bargain. Appellant received due process and a fair hearing, and we find no legal issues that require further briefing.

DISPOSITION

The judgment of conviction is affirmed.

REARDON, J.^*

We concur.

JONES, P. J.

GEMELLO, J.

(A111984)

* Judge of the Superior Court of Alameda County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

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