Opinion
F054685
8-6-2008
THE PEOPLE, Plaintiff and Respondent, v. JOSE PRUDENCIO CALISTRO, Defendant and Appellant.
Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Not to be Published
OPINION
THE COURT
Before Vartabedian, Acting P.J. Wiseman, J., and Gomes, J.
All further statutory references are to the Penal Code, unless otherwise indicated.
On May 27, 2007, at 11:20 p.m., Gregory Ardoin walked out of his apartment to get something from his Toyota Matrix. Walter Pineda approached Ardoin and asked if he knew someone who lived at the apartment. Pineda then pulled out a gun, pointed it at Ardoin, and demanded his money. As Ardoin stood there with his arms in the air, appellant, Jose Prudencio Calistro, approached Ardoin, put a gun to his back, and pushed him against the car. Pineda and Calistro began demanding Ardoins money and wallet as Calistro ran his hand through Ardoins pockets. Calistro took the keys out of Ardoins pocket and had him lie on the ground. The two men then got in Ardoins car and drove off.
A short time later, Bakersfield Police Officer William Caughell spotted the stolen Toyota being driven by Calistro with Pineda seated in the front passengers seat. Caughell illuminated the car with a spotlight as he passed it. The car ran through a red light and turned. Caughell made a U-turn and began chasing the car with his emergency lights and siren activated.
Caughell followed the vehicle until it stopped on the roadway and Calistro and Pineda got out and ran. Calistro kept looking back as he reached into his waist. Caughell fired two shots and Calistro fell down. However, as Caughell approached him, he got up and ran toward a residence. Caughell chased him around the residence and ordered him to get down on his knees and raise his hands. Instead, Calistro kept putting his left hand into his waistband. Caughell fired one shot and began walking toward Calistro. Calistro ran from behind a chimney and grabbed Caughells right wrist which was holding his firearm. Caughell fired four more shots and Calistro fell down.
Pineda was located in the bushes of a nearby residence and taken into custody. Calistro was taken to a hospital where he required surgery for his gunshot wounds.
On July 27, 2007, the district attorney filed an information charging Calistro with carjacking (count 1/ Pen. Code, 215, subd. (a)),1 second degree robbery (count 2/§ 212.5, subd. (c)), resisting an executive officer (count 3/§ 69), evading a police officer (count 4/Veh. Code, § 2800.2), and possession of a firearm by a felon (count 5/§ 12021, subd. (a)(1)). Counts 1 and 2 also alleged that Calistro personally used a firearm in committing the offenses charged in those counts (§ 12022.53, subd. (b)). On November 2, 2007, the prosecutor amended the arming enhancement in count 2 to allege an arming enhancement pursuant to section 12022.5, subdivision (a)(1). Calistro pled no contest to count 2 and admitted the amended arming enhancement in exchange for the dismissal of the remaining counts and enhancement and a stipulated sentence of seven years, the middle term of three years on Calistros robbery offense and a four-year enhancement term.
The information also charged Pineda with the offenses and enhancements charged in counts 1 through 4.
On January 8, 2008, the court sentenced Calistro to the stipulated seven-year term.
Calistros 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. (People v. Wende (1979) 25 Cal.3d 436.) Calistro has not responded to this courts invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.