Opinion
D076027
10-16-2019
THE PEOPLE, Plaintiff and Respondent, v. CARLOS L. VIDEL, Defendant and Appellant.
Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SCN349175) APPEAL from an order of the Superior Court of San Diego County, K. Michael Kirkman, Judge. Affirmed. Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
In 2017, a jury convicted Carlos L. Videl of attempted murder (Pen. Code, §§ 664/187, subd. (a); count 1), carjacking (§ 215, subd. (a); count 2), attempted robbery (§§ 211/664; count 3), and shooting at an occupied vehicle (§ 246; count 4). The jury also found true the firearm enhancement under section 12022.53, subdivision (c) as to counts 1-3. Prior to trial Videl pleaded guilty to possession of a firearm by a felon (§ 29800, subd. (a)(1)).
All further statutory references are to the Penal Code unless otherwise specified. --------
The court found true two serious felony prior convictions (§ 667, subd. (a)(1)) and two strike prior allegations (§ 667, subds. (b)-(i)).
Videl was sentenced to a determinate term of 87 years and 4 months.
Videl appealed his convictions and sentence. In December 2018, this court affirmed his convictions but remanded the case for resentencing. (People v. Carlos Luis Videl (Dec. 12, 2018, D073238) [nonpub. opn.].) Specifically, we ordered the trial court to strike the sentences for the section 667, subdivision (a)(1) prior convictions as to counts 2 and 3 and to exercise its discretion whether to strike the firearm enhancement.
On remand, the court struck the firearm enhancement and the serious felony prior convictions as to counts 2 and 3. The new sentence imposed was 44 years. The court ordered the $10,000 restitution fine stayed pending a hearing on Videl's ability to pay.
Videl filed a timely notice of appeal from the resentencing.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating he has not been able to identify any arguable issue for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Videl the opportunity to file his own brief on appeal, but he has not responded.
STATEMENT OF FACTS
The facts of the underlying offenses are fully set forth in our previous opinion in case No. D073238. We will not repeat them here. Appellate counsel has filed a request for judicial notice of the trial court's order dated September 10, 2019. We grant the request for judicial notice.
DISCUSSION
As we have noted, appellate counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436. Counsel has asked this court to review the record for error. To assist this court in its review of the record, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders) counsel has identified the following issue counsel considered in his review of the record: Did the court properly exercise its discretion in refusing to strike or reduce the remaining firearm enhancement under section 12022.53, subdivision (c).
We have reviewed the entire record as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Videl on this appeal.
DISPOSITION
The order resentencing Videl is affirmed.
HUFFMAN, Acting P. J. WE CONCUR: AARON, J. IRION, J.