Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County No. FVI902613, Jules E. Fleuret, Judge.
Linda Acaldo, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ, P.J.
Defendant Stanley Louis Thrasher appeals after a jury convicted him of one count of discharging a firearm in a school zone (Pen. Code, § 626.9, subd. (d)) and acquitted him of five other charges. We affirm the conviction.
All section references are to the Penal Code unless otherwise indicated.
Facts and Procedure
On the morning of December 2, 2009, defendant awoke, drank a couple of beers, and took some Seroquel. Defendant went outside his home to the back of his carport and fired about two shots from his.22 revolver into the bottom of a tree in a field behind his home. Defendant then changed the cylinder to a.22 magnum cylinder and fired a few more shots. Defendant was aware that there was a school across the street from his home and also knew that school was about to start.
Children heard the shots and began screaming and running. The children were directed to go inside a school building and to get onto the floor. The buildings were put into lockdown and the school went into code red.
Two responding deputy sheriffs approached defendant’s yard as he was standing under the carport. They yelled at him several times to get down on the ground and show his hands. One of the officers had to push defendant down on one knee and then onto the ground. Defendant had tucked his arms beneath his chest and would not bring them out until he was “Tasered.”
When defendant was standing under his carport, he was approximately 130 feet from the edge of the school and 160 feet from the nearest classroom.
On December 18, 2009, the People charged defendant with six counts stemming from the December 2 incident: (1) discharging a firearm with gross negligence (§ 246.3, subd. (a)); (2) discharging a firearm in a school zone (§ 626.9, subd. (d)); (3) possession of a firearm near a school (§ 626.9, subd. (b)); (4) possession of a firearm by a felon (§ 12021, subd. (a)(1)); and (5-6) two counts of resisting arrest (§ 148, subd. (a)(1)). Following a six-day trial, the jury convicted defendant of count 2—discharging a firearm in a school zone—and acquitted him of the five other counts. The trial court suspended defendant’s sentence and placed him on probation for 36 months on condition he serve 365 days in jail, with credit for 233 days served plus conduct credits under section 4019
Discussion
Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
Disposition
The conviction is affirmed.
We concur: MILLER, J., CODRINGTON, J.