Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court Nos. SCD201564 & SCS200535 of San Diego County, Peter C. Deddeh, Judge.
HUFFMAN, Acting P. J.
Marvin Mendoza entered a negotiated guilty plea to voluntary manslaughter as a lesser-included offense of murder. The trial court sentenced Mendoza to the upper term of 11 years in prison.
FACTS
On July 18, 2006, Yesenia Medina contacted Miguel Gonzales, Mendoza's codefendant, because she and her brothers wanted to purchase marijuana. Gonzales contacted Mendoza, who had marijuana for sale. Mendoza drove Gonzales to the Medina residence. Yesenia's older brother, Vizente, rejected the marijuana that Gonzales offered to him because he was not satisfied with its quality. Mendoza was offended and an argument ensued. Mendoza drove away with Gonzales.
Vizente, his younger brother Chris, and his friend, Juan "Pablo" Tafolla, followed Mendoza's car in Tafolla's vehicle. At a red light where both vehicles were stopped, Vizente and Chris got out of Tafolla's vehicle and approached Mendoza in his car. Chris punched Mendoza several times through the driver's side window before he and Vizente reentered Tafolla's vehicle.
A short time later, the two Medina brothers and Tafolla were standing outside when Mendoza's car returned to the location of the initial confrontation. Mendoza was the driver, Gonzales was in the front passenger side and a third individual was in the backseat. The backseat passenger fired a silver semiautomatic pistol out of the driver's side window several times. One bullet struck and killed Tafolla.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether the trial court violated Mendoza's right to a jury trial when it sentenced him to the upper term for voluntary manslaughter in light of Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856]; and (2) whether the trial court abused its discretion by imposing the upper term for voluntary manslaughter.
We granted Mendoza 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, including the possible issues referred to by appellant's counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Mendoza on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: NARES, J., McDONALD, J.