Carrera
Filed 6/10/13 P. v. Carrera CA5
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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
FIFTH APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and
Respondent,
v.
ANTHONY SONNY CARRERA,
Defendant and
Appellant.
F065149
(Super.
Ct. No. F11903701)
THE
COURT
title="">*
APPEAL from a judgment of the
Superior Court of
County. Jon N. Kapetan, Judge.
Deborah Prucha, under appointment by
the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney
General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo
Appellant,
Anthony Sonny Carrera, pled no contest to brandishing a weapon (Pen. Code,
§ 417, subd. (a)(2)(B))
name="_ftnref2" title="">[1] and admitted allegations that he committed the
offense for the benefit of a street gang (§ 186.22, subd. (d)). Following independent review of the record
pursuant to People v. Wende (1979) 25
Cal.3d 436 (Wende), we affirm.
FACTUAL AND PROCEDURAL HISTORY
On June 12,
2011, Desiree N. and Crystal L. walked to an elementary school in Fresno to
fight a girl who was dating a gang member.
No fight occurred, however, because gang members were present at the
school. Eventually, Desiree and Crystal
left the school, walking with a group of friends. While they were waiting at a stop light, the
women saw Carrera sitting in the back seat of a vehicle that was stopped at the
light. Carrera began yelling the name of
a gang and pulled out a shotgun. He then
racked the shotgun and pointed it at the two women, before his vehicle drove
away. The women each identified Carrera
from a photo line-up as the man who pointed the shotgun at them. Carrera was arrested on June 26, 2011, during
a traffic stop.
On January
26, 2012, the district attorney filed an information charging Carrera with
assault with a firearm (count 1/§ 245, subd. (a)(2)), and street terrorism
(count 2/§ 186.22, subd. (a)).
Count 1 also alleged a personal use of a firearm enhancement
(§ 12022.5, subd. (a)) and that Carrera committed the offense for the
benefit of a street gang.
On March
22, 2012, the prosecutor amended count 1 to allege brandishing a weapon, and
the gang allegation in that count to a violation of section 186.22, subdivision
(d). Carrera then pled no contest to
brandishing a weapon and admitted the amended gang allegation, which converted
his brandishing offense to a felony. In
exchange for his plea, count 2 was dismissed, Carrera was given an indicated
sentence of one year, and the district attorney agreed not to file any charges
relating to an incident that Carrera was involved in at the Fresno County Jail.
On August
27, 2012, the court sentenced Carrera in accord with his plea agreement to a
one-year term.
Carrera’s appellate counsel has
filed a brief which summarizes the facts, with citations to the record, raises
no issues, and asks this court to independently review the record. (Wende,
supra, 25 Cal.3d 436.) Carrera has not responded to this court’s
invitation to submit additional briefing.
Following
an independent review of the record, we conclude that no reasonably
DISPOSITION
The judgment is affirmed.
J.
Code.
