Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of Los Angeles County. Rand S. Rubin, Judge, Los Angeles County Super. Ct. No. BA278109.
James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
RUBIN, J.
In an unpublished opinion, we remanded this matter to the trial court in early 2007 for resentencing after Robert Sarinana mounted a partially successful appeal to his conviction below. Today, Sarinana appeals from the judgment following his resentencing. Because his second appeal raises no colorable issues, we affirm.
PROCEEDINGS AND FACTS
One day in January 2005, Los Angeles police officers entered an apartment building on East Fourth Street looking for gang members reported to be congregating inside. As an officer walked down a hallway, appellant Robert Sarinana, who belonged to the Cuatro Flats gang, stepped from an apartment into the hallway. Startled to see the officer, appellant returned to the apartment. Hearing someone inside the apartment yell “get out,” the officer entered the unit in the belief its inhabitant might be in danger.
The officer ordered appellant and a second man to lie down. Appellant did not immediately comply, but instead crouched down and threw a loaded gun from his pocket. He then laid down. The officer called for backup, but appellant got up before the second officer arrived and pushed his way past the first officer to try to escape through the door. The officer tackled appellant and with the help of a second officer arrested appellant. Searching appellant, the officers found in his pockets two bags of cocaine and a bag of methamphetamine.
The People charged appellant with several drug offenses and for having an unregistered gun. In addition, because the apartment building was near two schools, the People charged appellant with unlawfully possessing a gun within 1000 feet of a school. The jury convicted appellant as charged. In sentencing appellant to state prison, the court deemed appellant’s offenses for having an unregistered gun and possessing a gun within 1000 feet of a school to be felonies.
In an unpublished opinion filed in November 2006, we reversed the convictions for appellant’s two gun offenses. We did so because the jury had not made the findings needed to make the crimes felonies, meaning the court should have sentenced them as misdemeanors. We remanded the matter to the trial court to give the People the option of electing to either agree to misdemeanor sentences for the two offenses, or, if the People wanted to pursue felony sentences, to retry appellant.
In March 2007, the trial court resentenced appellant. The court imposed misdemeanor one-year sentences on appellant for the gun offenses to run concurrently with his base term. The resentencing reduced appellant’s pre-appeal prison term from four years to a post-appeal sentence of three years. Appellant filed a notice of appeal.
We appointed appellate counsel to represent appellant in his second appeal. Counsel filed a Wende brief in August 2007 stating he could not find any arguable issues for appeal. (People v. Wende (1979) 25 Cal.3d 436.) On August 9, 2007, we sent a letter to appellant inviting him to file a letter or brief raising any issues he wanted us to consider. He has not filed any such letter or brief. We have reviewed the record and find no arguable issues for appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: COOPER, P. J., FLIER, J.