Opinion
2d Crim. No. B299532
03-10-2020
THE PEOPLE, Plaintiff and Respondent, v. MARCOS CASAMIRO, Defendant and Appellant.
Lise M. Breakey, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. PA091764)
(Los Angeles County)
Marcos Casamiro pointed a revolver at two men who confronted him about vandalizing a car inside the parking garage attached to their apartment complex. Nine days later, he fled from a police officer. The officer caught him and recovered the revolver as well as ammunition, methamphetamine, and heroin.
Prosecutors charged Casamiro with two counts of assault with a firearm (Pen. Code, 245, subd. (a)(2)), one count of first degree burglary with a person present (§§ 459, 460, subd. (a), 667.5, subd. (c)(21)), one count of possession of a firearm by a felon (§ 29800, subd. (a)(1)), one count of possession of ammunition (§ 30305, subd. (a)(1)), and one count of possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)). They also alleged that he personally used a firearm during the commission of his crimes (§ 12022.5, subd. (a)) and that he committed them for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)).
All unlabeled statutory references are to the Penal Code. --------
In exchange for a 10-year state prison sentence and the dismissal of all remaining charges and allegations, Casamiro pled no contest to the burglary charge and one of the assault charges, and admitted he personally used a firearm during the commission of his crimes. The trial court sentenced him to the agreed-upon 10 years in prison.
Casamiro appeals from the judgment. His notice of appeal states that he challenges only his sentence or other matters that do not affect the validity of his plea. (Cal. Rules of Court, rule 8.304(b)(4)(B).)
We appointed counsel to represent Casamiro in this appeal. After counsel examined the record, she filed an opening brief that raises no arguable issues. On January 15, 2020, we advised Casamiro by mail that he had 30 days within which to submit any contentions or issues he wished us to consider. We have not received a response.
We have reviewed the entire record and are satisfied that Casamiro's attorney fully complied with her responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
TANGEMAN, J. We concur:
GILBERT, P. J.
YEGAN, J.
Daniel B. Feldstern, Judge
Superior Court County of Los Angeles
Lise M. Breakey, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.