P. v. Allen
Filed 11/25/13 P. v. Allen 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NOT TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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
(San
Joaquin)
----
THE PEOPLE,
Plaintiff and Respondent,
v.
MELVIN ALLEN,
Defendant and Appellant.
C073458
(Super. Ct. No.
SF122061A)
This appeal
comes to us pursuant to
436 (Wende).
An
information filed in December 2012 charged defendant Melvin Allen with
attempted murder (count 1; Pen. Code, §§ 187/664), carrying a concealed
firearm (count 2; Pen. Code, § 25400, subd. (a)(1)), carrying an
unregistered firearm (count 3; Pen. Code, § 25850, subd. (c)(6)), obstructing
a peace officer (count 4; Pen. Code, § 148, subd. (a)(1)),
Code, § 245, subd. (a)(2)), and shooting at an occupied motor vehicle
(count 6; Pen. Code, § 246). As to
count 1, it was alleged that defendant personally and intentionally discharged
a firearm (Pen. Code, § 12022.53, subd. (c)) and personally used a firearm
(Pen. Code, §§ 12022.5, subd. (a), 12022.53, subd. (b)). As to count 5, it was alleged that defendant
personally used a firearm (Pen. Code, §§ 1203.06, subd. (a)(1), 12022.5,
subd. (a)).
Defendant
pled no contest to count 6 in exchange for the dismissal of the remaining
counts and allegations, with the trial court retaining discretion to impose any
sentence from probation to the upper term.
According
to police reports, which constituted the factual basis for the plea, defendant
asked the victim to hold a gun for him at the victim’s home. The victim’s grandmother found the gun and
demanded the victim return it to defendant. After the victim tried and failed
several times to get defendant to pick up the gun, the victim gave it to a
mutual friend. Defendant claimed the
victim owed defendant money for the gun.
The victim refused to pay defendant, and their friendship ended. Defendant later threatened the victim with a
gun. A couple of weeks later, the victim
was driving and saw defendant trying to pull up alongside him; when the victim
sped up, defendant gave chase, then fired at the victim’s car, striking it
three times. Defendant was later
arrested with the aid of a canine officer.
Defendant was carrying a loaded firearm which matched the caliber of a
casing found at the crime scene.
The trial
court sentenced defendant to five years in state
prison (the midterm). The court
awarded 125 actual days and 19 conduct days of presentence custody credit. (This award was later amended to 125 actual
days and 125 conduct days.) The court
imposed a $280 restitution fine (Pen. Code, § 1202.4, subd. (b)), a
suspended parole revocation restitution fine in the same amount (Pen. Code, § 1202.45),
a $40 court operations assessment (Pen. Code, § 1465.8), and a $30
criminal conviction assessment (Gov. Code, § 70373).
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. (
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.
HULL , Acting P. J.
We concur:
DUARTE , J.
HOCH ,
J.
