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People v. Guerrero

COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)
Apr 9, 2018
C083876 (Cal. Ct. App. Apr. 9, 2018)

Opinion

C083876

04-09-2018

THE PEOPLE, Plaintiff and Respondent, v. GABRIEL NOLANSCO GUERRERO, 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. Nos. 15F04317, 15F04634)

Appointed counsel has asked us to review defendant Gabriel Nolansco Guerrero's case for error. (People v. Wende (1979) 25 Cal.3d 436.) We find no arguable error that would result in a disposition more favorable to defendant and affirm.

BACKGROUND

Defendant was charged with two cases and disposed of both by negotiated disposition and agreement to a four-year state prison sentence.

About 10:15 a.m. on June 5, 2015, officers responded to a church on Franklin Boulevard where a fight had broken out during a funeral. At some point in the melee defendant had fired a gun and fled the scene. Defendant had been convicted of felony domestic violence in 2008.

An information filed in case No. 15F04634 (the gun case) charged defendant with being a convicted felon in possession of a firearm and negligent discharge of a firearm. (Pen. Code, §§ 29800, subd. (a)(1), 246.3.) It was further alleged that defendant had previously been convicted of a serious felony (1995 assault with personal use of a deadly weapon). (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.)

About 7:00 p.m. on July 18, 2015, officers responded to a hit and run accident with injuries; defendant was identified as the driver. He fled the scene on foot. He later admitted running from the scene of the accident.

An information in case No. 15F04317 (the car case) charged defendant with felony hit and run with injury and misdemeanor driving on a suspended license (Veh. Code, §§ 20001, subd. (b)(1), 14601.1, subd. (a)), as well as the 1995 prior serious felony detailed ante.

Defendant entered a negotiated plea of no contest to felon in possession in the gun case and hit and run in the car case; he admitted the strike prior in both cases. The parties agreed on a stipulated sentence of four years in state prison. The trial court sentenced defendant accordingly, and dismissed the remaining counts and allegations in both cases per the agreement.

Defendant appeals in both cases. He did not seek a certificate of probable cause. (Pen. Code, § 1237.5.)

DISCUSSION

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. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the December 18, 2017, opening brief. More than 30 days elapsed, and we had no communication from defendant. On March 9, 2018, defendant requested a 35-day extension of time, which we denied for lack of good cause. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

/s/_________

Duarte, J. We concur: /s/_________
Robie, Acting P. J. /s/_________
Murray, J.


Summaries of

People v. Guerrero

COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)
Apr 9, 2018
C083876 (Cal. Ct. App. Apr. 9, 2018)
Case details for

People v. Guerrero

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. GABRIEL NOLANSCO GUERRERO…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)

Date published: Apr 9, 2018

Citations

C083876 (Cal. Ct. App. Apr. 9, 2018)