Opinion
C082165
03-24-2017
THE PEOPLE, Plaintiff and Respondent, v. AARON ROSAS, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CRF132776)
Appointed counsel for defendant Aaron Rosas (also known as Adrian Alavez Quintero) asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We will affirm the judgment.
I
We provide the following brief description of the facts and procedural history of the case pursuant to People v. Kelly (2006) 40 Cal.4th 106, 110, 124.
Portions of the factual and procedural background are taken from this court's unpublished opinion in People v. Rosas (Aug. 31, 2015, C076577) [nonpub. opn.] (Rosas).
During an argument with his live-in girlfriend, Beatriz Castro, defendant grabbed a .22-caliber rifle and began hitting Castro with his free hand while holding the rifle. While he was doing this, Castro was holding their six-month-old baby. When defendant stopped hitting her, he pointed the rifle at her and said, "I'm going to shoot you. I'm going to shoot you in both your legs and put you in a wheelchair." After that, the argument "dialed down," defendant put away the rifle, and he took a nap. (Rosas, supra, C076577.)
During a second argument later that day while defendant and Castro were driving to an ice cream store, defendant, who was driving, reached back into the back seat where Castro was sitting with the baby, and grabbed Castro by the hair and pulled her to the ground. She tried to pull him off of her, and ended up scratching him in the face. In the scuffle, the baby's car seat fell over onto the seat next to Castro. Defendant released Castro, turned the car around, and went back to the trailer where they were living. As Castro exited the car, defendant grabbed a bottle, pointed it at her, and said, "I'm going to kill you." He told her he had people watching her parents, and if she called the police, he would have them killed. (Rosas, supra, C076577.)
Castro walked to a neighboring bar, from which she called police. Castro told the officers where they could find the gun in the couple's trailer. West Sacramento Police Officer Daniel Gill located the .22-caliber rifle where Castro indicated it would be. The gun was not loaded, and Officer Gill found no ammunition. (Rosas, supra, C076577.)
A jury convicted defendant of two counts of making a criminal threat, assault with a firearm, infliction of corporal injury on a cohabitant, misdemeanor battery, two counts of misdemeanor child abuse or endangerment, and misdemeanor resisting or obstructing a peace officer in the performance of his duties. The jury also found true allegations defendant had personally used a firearm in the commission of the assault and one of the criminal threat counts. (Rosas, supra, C076577.)
The trial court sentenced defendant to an aggregate term of eight years in state prison, comprised of three years for count 2, assault with a firearm (Pen. Code, § 245, subd. (a)(2)), plus a consecutive one-year term for count 3, infliction of corporal injury (§ 273.5, subd. (a)), and a consecutive four-year term for the personal firearm use enhancement to count 2 (§ 12022.5, subd. (a)). The trial court stayed the sentences on counts 1 and 4, making a criminal threat, and on the personal firearm use enhancement to count 1. (Rosas, supra, C076577.)
Unspecified statutory references are to the Penal Code. --------
Defendant appealed, contending the evidence was insufficient to support his conviction for assault with a firearm and to support one of the criminal threat convictions. He also claimed the trial court erred in failing to give an instruction on attempted criminal threat as a lesser included offense of the completed act of making a criminal threat. (Rosas, supra, C076577.)
We concluded there was insufficient evidence on the facts presented for the jury to reasonably find that the firearm defendant used to threaten the victim was loaded, reversed the conviction for assault with a firearm, remanded the matter for resentencing, and otherwise affirmed the judgment. (Rosas, supra, C076577.)
On May 20, 2016, the trial court resentenced defendant, reducing his sentence from eight years to seven years in state prison as follows: two years on count 1, making a criminal threat (§ 422), one year on count 3, infliction of corporal injury (§ 273.5, subd. (a)), and a consecutive four-year term for the personal firearm use enhancement to count 2 (§ 12022.5, subd. (a)). The trial court stayed the sentence on count 4, making a criminal threat. (§ 422.)
Defendant filed a timely notice of appeal.
II
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. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. Thereafter, defendant requested, and this court granted him, an extension of time to file a supplemental brief by February 21, 2017. To date, defendant has not filed a supplemental brief.
Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
/s/_________
Blease, Acting P. J. We concur: /s/_________
Nicholson, J. /s/_________
Butz, J.