Filed 1/14/20 P. v. Garza CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

JAMES ALEXANDER GARZA,

Defendant and Appellant.

F079453

(Super. Ct. No. F19900349)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Fresno County. Michael G. Idiart, Judge.

Michael A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

Appointed counsel for defendant James Alexander Garza asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed and we received no communication from defendant. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

On January 13, 2019, at about 2:52 p.m., three minors and two adults were outside a residence when 21-year-old defendant, a Norten͂o gang member, suddenly stopped a vehicle in front of the residence. There were three other males in the car with defendant. Defendant yelled out the open passenger window, “You bang?” The 16-year-old minor in front of the residence, who was a Suren͂o gang member, answered, “What’s up.” Defendant said, “You got a problem motherfuckers?” He then raised a handgun and started shooting past his reclined passenger. The people in front of the residence took cover as defendant shot four or five times but did not strike anyone. Defendant drove away. The two adults from the residence followed the vehicle until the police officers arrived and detained defendant and the other three males.

On March 12, 2019, defendant pled no contest to assault with a firearm (Pen. Code, § 245, subd. (a)(2); count 5) and admitted allegations that he personally used a firearm (§ 12022.5, subd. (a)) and committed the crime for the benefit of a street gang (§ 186.22, subd. (b)(1)(C)), in exchange for an indicated sentence of 12 years, a lid of 13 years, and dismissal of all other charges.

On April 16, 2019, the trial court sentenced defendant to 12 years in prison, as follows: two years on count 5, plus 10 years for the gang enhancement and four years for the firearm enhancement, stayed. The court imposed various fines and fees and awarded custody credits.

On June 12, 2019, defendant filed a notice of appeal.

Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.