People v. Tierce CA4/3

Filed 5/1/25 P. v. Tierce CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G064466

v. (Super. Ct. No. FVI17002028)

JAMES LEE TIERCE, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of San Bernardino County, Enrique Guerrero, Judge. Affirmed. Lara Gressley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

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James Lee Tierce (Defendant) filed a notice of appeal from an order denying his motion made pursuant to Penal Code section 1385, subdivision (c) (section 1385(c)) to dismiss an enhancement for discharge of a firearm. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth the facts of this case and requesting this court conduct an independent review of the entire record. Pursuant to Anders, appointed counsel identified two potential issues to assist us in our independent review. Defendant was given the opportunity to file a supplemental brief on his own behalf, but he has not done so. We have reviewed counsel’s brief and examined the record in accordance with our obligations under Wende and Anders. We find no arguable issues on appeal and therefore affirm. In October 2021, an information charged Defendant with one count (count 1) of attempted robbery (Pen. Code, §§ 211, 664) and one count (count 2) of assault with a firearm (id., § 245, subd. (a)(2)). The information alleged as to count 1 a sentencing enhancement that Defendant personally used a firearm within the meaning of Penal Code section 12022.53, subdivision (b). On November 4, 2021, Defendant pleaded guilty to count 1 and admitted the allegations of the firearm enhancement under Penal Code section 12022.53, subdivision (b). Defendant was sentenced on February 22, 2022. He was given the stipulated term of three years in prison on count one and 10 years in prison on the firearm enhancement. Count two and two other sentencing enhancements were dismissed. Defendant’s counsel did not make