Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from the Superior Court of San Bernardino County No. FSB704217. James M. Dorr, Judge.
Michelle C. Rogers, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
RAMIREZ, P.J.
OPINION
Statement of the Case
On October 5, 2007, defendant was charged by a felony complaint in case number FSB704217 with two counts of assault with a firearm (Pen. Code, § 245, subd. (a)(2)). In that complaint the District Attorney of San Bernardino County further alleged that defendant personally used a firearm within the meaning of section 12022.5, subdivisions (a) and (d).
All further references are to the Penal Code unless otherwise indicated.
On April 18, 2008, pursuant to section 859a, defendant, represented by counsel, pled guilty to count one of the amended complaint, the negligent discharge of a firearm (§ 246.3). Thereafter, on May 30, 2008, and in accordance with the negotiated disposition, defendant was placed on a formal grant of probation for 36 months which included a commitment of 365 days in custody in the local jail. As part of the plea bargain, the district attorney moved to dismiss and strike the remaining counts and special allegations in the interests of justice pursuant to section 1385.
On July 2, 2008, defendant filed a notice of appeal from the sentence or other matters that occurred after entry of the plea.
Statement of the Facts
The parties stipulated the following statement would serve as the factual basis for the plea “[o]n or about October 3, 2007, Paul Christoper Cooper willfully discharged a firearm in a grossly negligent manner which could result in injury or death in the City of Forest Falls, California, County of San Bernardino. The firearm was discharged inside the residence of the defendant.
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
Disposition
The judgment is affirmed.
We concur: McKINSTER, J., MILLER, J.