Opinion
B299392
05-18-2020
THE PEOPLE, Plaintiff and Respondent, v. BROCK RAY BUNGE, Defendant and Appellant.
Adrian K. Panton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. MA069502) APPEAL from a judgment of the Superior Court of Los Angeles County, Shannon Knight, Judge. Affirmed. Adrian K. Panton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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After trial, Brock Ray Bunge was convicted of 15 counts, including attempted premeditated murder (Pen. Code, §§ 664, subd. (a), 187, subd. (a)), criminal threats (§ 422, subd. (a)), assault with a firearm (§ 245, subd. (a)(2)), second degree robbery (§ 211), vandalism (§ 594, subd. (a)), felon in possession of a firearm (§ 29800, subd. (a)(1)), unlawful possession of ammunition (§ 30305, subd. (a)(1)), and shooting at an inhabited dwelling (§ 246). The jury found several firearm enhancements to be true. (§§ 12022.5, subd. (a), 12022.53, subds. (b), (c).) Bunge admitted a prior conviction and strike. (§§ 1192.7, subd. (c), 667.5, subd. (c), 667, subds. (b)-(i), 1170.12.) He was sentenced to 97 years and four months to life, comprised of a determinate term of 58 years and four months and an indeterminate term of 39 years to life. A five-year prior serious felony enhancement was imposed on each of the determinate and indeterminate terms. (§ 667, subd. (a)(1).)
All undesignated statutory citations are to the Penal Code. --------
In a prior appeal, we affirmed his convictions and sentence, while ordering corrections to the sentencing minute order and abstract of judgment. (People v. Bunge (Feb. 5, 2019, B288333) [nonpub. opn.].) We set forth the facts of his crime spree that led his convictions, summarized as follows: After Bunge threatened to kill his ex-girlfriend, he drove to her house and fired a shotgun at her out of his truck's passenger window while she stood outside. He drove away and parked his truck in the middle of the street at night, at which point another driver hit him. He robbed that driver at gunpoint and pointed his gun at occupants of two other vehicles driving by. He was eventually apprehended while hiding in a hole at his remote desert residence.
Following issuance of the remittitur, Bunge filed a petition for writ of habeas corpus in the trial court requesting the sentencing judge exercise her discretion to strike the prior serious felony enhancement. At a hearing, the judge denied the petition. She noted her discretion to strike the prior but, in light of Bunge's criminal history "coupled with the extremely dangerous and significant conduct involved in this case," she did not "believe that it would be in the interest of justice to strike the five-year prior either as it applies to the indeterminate term or the determinate term." Bunge appealed.
We appointed counsel to represent Bunge in this appeal. After reviewing the record, Bunge's court-appointed counsel filed an opening brief asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436, 441 (Wende). On February 25, 2020, we advised Bunge he had 30 days to submit any contentions or issues he wished us to consider. He did not file a supplemental brief.
We have examined the entire record. We are satisfied no arguable issues exist and Bunge's counsel has fully satisfied his responsibilities under Wende. (Smith v. Robbins (2000) 528 U.S. 259, 279-284; Wende, supra, 25 Cal.3d at p. 441; see People v. Kelly (2006) 40 Cal.4th 106, 123-124.)
DISPOSITION
The judgment is affirmed.
BIGELOW, P. J. We Concur:
GRIMES, J.
WILEY, J.