People v. Idlett

Full title: THE PEOPLE, Plaintiff and Respondent, v. ANTHONY D. IDLETT, Defendant and…

Court: California Court of Appeals, Fourth District, First Division

Date published: Aug 27, 2009

No. D054429 (Cal. Ct. App. Aug. 27, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. ANTHONY D. IDLETT, Defendant and Appellant. D054429 California Court of Appeal, Fourth District, First Division August 27, 2009

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCN247346, Timothy M. Casserly, Judge.

IRION, J.

Anthony D. Idlett entered a negotiated guilty plea to attempted murder (Pen. Code,¹ §§ 664/187) and admitted he committed the offense for the benefit of a street gang (§ 186.22, subd. (b)(1)) and personally discharged a firearm within the meaning of section 12022.53, subdivision (c). As part of the plea bargain, another count of attempted murder, two counts of assault with a semi-automatic firearm and two other felonies, as well as various allegations, were dismissed. The parties stipulated to a 27-year prison sentence, including a stay of the gang enhancement. The trial court sentenced Idlett in accordance with the plea bargain.

1 Statutory references are to the Penal Code.

FACTS

On June 14, 2008, Idlett and two codefendants drove to the 3200 block of Carolyn Circle in Oceanside. Idlett, who was armed and sitting in the front passenger seat, fired at least eight times at a group of 10 people in front of a house. Two people suffered great bodily injury; both were hit by bullets from Idlett's gun.

Idlett was a documented member of the Deep Valley Crips gang. The shooting was in retaliation for an earlier assault on one of Idlett's codefendants.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Counsel has not referred us to any possible, but not arguable, issues pursuant to Anders v. California (1967) 386 U.S. 738.

We granted Idlett permission to file a brief on his own behalf. He has not responded.

A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issue. Idlett has been adequately represented by counsel on this appeal.

DISPOSITION

Judgment affirmed.

WE CONCUR: McCONNELL, P. J., AARON, J.