Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
APPEAL from judgment of the Superior Court of Los Angeles County No. KA072443, Jack P. Hunt, Judge.
Dennis L. Cava, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
MANELLA, J.
Alfredo Romero appeals from the judgment entered following his no contest plea to assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and his admission that he personally used a firearm, a handgun, within the meaning of Penal Code section 12022.5, subdivision (a)(1). Pursuant to the negotiated plea, two counts of attempted murder (Pen. Code, §§ 664/187) and one count of shooting at an occupied vehicle (Pen. Code, § 246) were dismissed and appellant was sentenced to prison for six years, consisting of the middle term of three years plus three years for the firearm enhancement.
The evidence at the preliminary hearing established that on May 4, 2005, Christopher Gonzalez drove to appellant’s residence in Azusa to collect money appellant owed. When appellant told Mr. Gonzalez he did not have the money, Mr. Gonzalez became enraged and attacked him. Appellant’s father got in between the two men. Appellant was carrying a .357 handgun in his waistband and fired it three times at Mr. Gonzalez. The first shot went into a glass table, the second into the side of Mr. Gonzalez, and appellant was not sure whether the third shot penetrated Mr. Gonzalez, but “it was pretty close.” Appellant had seen Mr. Gonzalez struggling with his father and after firing the first time, saw the top of a gun, or what looked like a gun, in Mr. Gonzalez’s hand. After Mr. Gonzalez fell to the ground, appellant looked outside to see where Mr. Gonzalez’s companion, Jason Olivas, was and saw him running across the street. Appellant saw Mr. Olivas with a gun pinned to his leg, exiting a vehicle, going toward appellant’s house. Believing Mr. Olivas was going to assault him, appellant fired at Mr. Olivas several times. After Mr. Olivas returned to his truck, appellant fired one round into the truck and told him, “Don’t move. Stay right there.” Mr. Olivas was shot one time in the arm.
Appellant told the police he was a victim protecting his family and as a result shot Mr. Gonzalez and Mr. Olivas. Neighbors heard the gunshots and, at appellant’s request, called the police.
Following an investigation, it was determined that seven shots were fired from the two guns recovered at the scene, a .357 magnum and a .22 caliber. The gunshot wound to Mr. Gonzalez’s torso was consistent with the .357 handgun and the gunshot to his head was consistent with the .22 caliber handgun.
After review of the record, appellant’s court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.
On May 29, 2008, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that no arguable issues exist and that appellant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
DISPOSITION
The judgment is affirmed.
We concur: EPSTEIN, P. J. SUZUKAWA, J.