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People v. Gallegos

California Court of Appeals, Second District, Sixth Division
Jul 2, 2008
2d Crim. B199933 (Cal. Ct. App. Jul. 2, 2008)

Opinion

NOT TO BE PUBLISHED

Superior Court County of Los Angeles No. NA072665, Arthur Jean, Jr., Judge

Debra Fischl, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


PERREN, JUDGE

Francisco Javier Gallegos appeals the judgment entered after a jury convicted him of shooting at an occupied vehicle (Pen. Code, § 246) and on four counts of assault with a firearm (§ 245, subd. (a)(2)). The jury also found true allegations that Gallegos had personally used a firearm in committing the assaults (§ 12022.5, subd. (a)). He was sentenced to a total term of 14 years state prison.

All further statutory references are to the Penal Code.

On December 10, 2007, Gallegos fired shots at a vehicle occupied by Orlando Salas, Carmen Hernandez, and Patricia and Juan Castaneda. Gallegos and his passenger (codefendant Henry Montoya) were apprehended shortly thereafter as Gallegos was driving the truck from which the shots had been fired. Testimony at trial indicated there had been prior incidents between the victims' family and Gallegos' family regarding parking on the street where they lived.

We appointed counsel to represent Gallegos in this appeal. After reviewing the record, counsel filed an opening brief raising no issues and requesting this court to independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.

On February 14, 2008, we advised Gallegos that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. We have received no response from him.

We have examined the entire record and are satisfied that appellate counsel has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at pp. 441-442.)

The judgment is affirmed.

We concur: YEGAN, Acting P.J., COFFEE, J.


Summaries of

People v. Gallegos

California Court of Appeals, Second District, Sixth Division
Jul 2, 2008
2d Crim. B199933 (Cal. Ct. App. Jul. 2, 2008)
Case details for

People v. Gallegos

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO JAVIER GALLEGOS…

Court:California Court of Appeals, Second District, Sixth Division

Date published: Jul 2, 2008

Citations

2d Crim. B199933 (Cal. Ct. App. Jul. 2, 2008)