P. v. Tafolla
Filed 10/15/08 P. v. Tafolla CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. JULIAN REYES TAFOLLA, Defendant and Appellant. | E045171 (Super.Ct.No. RIF113979) OPINION |
APPEAL from the Superior Court of Riverside County. J. Thompson Hanks, Judge. Affirmed.
Richard J. Moller, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
In People v. Tafolla (E040098)[1]we stated, A jury found defendant guilty of being a felon in possession of a gun, found true a gang enhancement allegation of possessing the gun for the benefit of a criminal street gang, and found him guilty of being a felon being in possession of ammunition (Pen. Code, 12021, subd. (a)(1); 186.22, subd. (b); 12316, subd. (b)(1). (Tafolla, p. 2.) In bifurcated proceedings, defendant admitted having suffered two prior convictions for which he served prison terms (Pen. Code, 667.5, subd. (b)),[2]a serious felony prior conviction ( 667, subd. (a)) and a strike prior ( 667, subds. (b)-(i)). Defendant appealed and we affirmed the convictions, true findings, and the sentences for everything but the possession of a firearm by an ex-felon. (Tafolla, pp. 14-15, 20.) As to that, we remanded for resentencing. (Ibid.) At resentencing, defendant was sentenced to midterm of two years, doubled pursuant to the second strike provisions of the Three Strikes Law, leaving a new total sentence of 15 years.
Defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396; 18 L.Ed.2d 493] setting forth a statement of the case and a summary of the facts and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
After concluding our independent review of the record, we affirm the judgment.
Facts
Defendant Julian Tafolla drove up to Leo Culpepper (Culpepper), a high school teacher, and Bo-bo, Culpeppers former student. While holding a nine-millimeter semiautomatic gun pointed at the ceiling of his car, defendant asked them, You guys gang-bang? He then drove off, and Culpepper reported the incident to authorities. Defendant was subsequently arrested. A search warrant executed at his residence resulted in the police discovering a nine- millimeter bullet in his bedroom. (Tafolla, p. 2.)
Discussion
We have concluded our independent review of the record and find no arguable issues.
Disposition
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P.J.
We concur:
RICHLI
J.
MILLER
J.
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[1] At defendants request, we take judicial notice of our opinion and the file in People v. Tafolla (Tafolla), E040098, filed June 22, 2007 (as modified July 19, 2007).
[2] All further statutory references are to the Penal Code unless otherwise indicated.
