The People v. Sanchez CA2/1

Filed 10/1/13 P. v. Sanchez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B246893

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA118337) v.

IRVIN SANCHEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Philip H. Hickok, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ______

An amended information, filed on August 9, 2012 and further amended by interlineation on January 14, 2013, charged Irvin Sanchez with two counts of willful, deliberate and premeditated attempted murder (Pen. Code, §§ 664, 187, subd. (a))1 (counts 1 and 2) and one count of shooting at an occupied motor vehicle (§ 246) (count 3) and contained criminal street gang allegations pursuant to section 186.22, subdivision (b)(1)(A), (b)(1)(C) and (b)(4), and firearm use allegations under section 12022.5, subdivision (a), and 12022.53, subdivisions (b), (c) and (e)(1). Sanchez pleaded not guilty to the charges and denied the special allegations. Before trial, Sanchez withdrew his not guilty plea and entered a no contest plea to the attempted murder in count 1, without the willful, deliberate and premeditated allegation. He also admitted attendant to count 1 a criminal street gang allegation under section 186.22, subdivision (b)(1)(A), and a firearm use allegation pursuant to section 12022.5, subdivision (a). The trial court found Sanchez guilty of attempted murder and the admitted special allegations to be true. In accordance with the terms of the plea agreement, the court sentenced Sanchez to a state prison term of 18 years, consisting of the low term of five years for the attempted murder in count 1, plus the middle term of three years for the criminal street gang allegation under section 186.22, subdivision (b)(1)(A), and the high term of 10 years for the firearm use allegation pursuant to section 12022.5, subdivision (a). On the People’s motion, the court dismissed all remaining counts and special allegations. Sanchez filed a notice of appeal, indicating that his appeal was based on the noncertificate issue of the denial of his motion to suppress pursuant to section 1538.5. (See People v. Mendez (1999) 19 Cal.4th 1084, 1088 [“questions involving a search or seizure whose lawfulness was contested pursuant to section 1538.5” are noncertificate issues reviewable on appeal after a guilty or no contest plea without defendant’s obtaining a certificate of probable cause].) We appointed counsel to represent Sanchez on appeal. After examining the record, counsel filed a Wende brief raising no issues on