Opinion
C085996
05-23-2018
THE PEOPLE, Plaintiff and Respondent, v. ADAM ANTHONY KELLEY, 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. No. CRF170000320)
On February 19, 2017, defendant Adam Anthony Kelley exchanged words with Michael F. at a gas station store in Olivehurst. They separately left the store, Michael leaving first. Michael waited outside and armed himself with a machete. Defendant left the store and, in the parking lot, Michael swung the machete at defendant but missed. Michael dropped the machete but picked it up as he ran away. Defendant went to his vehicle, retrieved a .22-caliber rifle, and fired several shots at Michael, striking him once in the back, entering his chest. The wound was potentially life threatening. Michael was hospitalized for several days.
On July 28, 2017, defendant was charged with attempted murder (count 1), assault with a firearm (count 2), and being a convicted felon in possession of a firearm (count 3). Firearm enhancements were alleged in connection with count 1 and a great bodily injury enhancement was alleged in connection with count 2. A strike prior (2011 assault with a semiautomatic firearm) was also alleged.
Defendant pled no contest to an added charge of discharge of a firearm in a grossly negligent manner which could result in injury or death to a person and admitted an added enhancement of personal infliction of great bodily injury in exchange for a stipulated term of nine years in state prison and the dismissal of the remaining counts and allegations.
The trial court sentenced defendant to state prison accordingly, that is, six years for the discharge offense (upper term of three years, doubled for the strike prior) and a consecutive three-year term for the great bodily injury enhancement. The court imposed a $2,700 restitution fine and a corresponding $2,700 parole revocation restitution fine, and awarded 290 days of presentence custody credit.
Defendant appeals. He did not seek a certificate of probable cause.
We appointed counsel to represent defendant on appeal. 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 (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we have received no communication from defendant. 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/_________
Robie, Acting P. J. We concur: /s/_________
Mauro, J. /s/_________
Hoch, J.