P. v. Salazar







Filed 11/16/10 P. v. Salazar CA1/5





NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, v. CRAIG PETER SALAZAR, Defendant and Appellant.

A125361 (Sonoma County Super. Ct. No. SCR-515493)

Defendant Craig Peter Salazar (appellant) pled no contest to assault with a firearm and admitted a firearm use enhancement. The trial court sentenced him to a six-year prison term. On appeal, he contends the trial court erred by not giving reasons for its sentencing choice and because the court did not recognize it had discretion to impose a mitigated prison term without finding mitigating facts. We reject his contentions and affirm.
BACKGROUND[1]
Appellant, who had been evicted, borrowed a trailer from the victim, Danny Roberson, so that appellant could move his possessions. After appellant refused to return the trailer, Roberson went to the property where appellant was staying and where the trailer and two other vehicles owned by Roberson were located. Roberson and appellant argued. Appellant retrieved a rifle, threatened to kill Roberson, and pointed the rifle at Roberson's head from approximately three feet away. Appellant laughed and stated, â€