People v. Cano CA1/5

Filed 6/5/25 P. v. Cano CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A172941 v. DANIEL CANO, (San Joaquin County Defendant and Appellant. Super. Ct. No. STKCR2023157)

Daniel Cano appeals from a judgment of conviction and sentence after he entered a guilty plea to murder (count 1; Pen. Code, § 187, subd. (a))1 and admitted a personal use of a firearm enhancement within the meaning of section 12022.53, subdivision (b).2 His attorney filed a brief asking that we independently review the appellate record, pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), to determine if there is any arguable issue on appeal. We find no arguable issue, and we affirm.

1 All undesignated statutory references are to the Penal Code.

2 This matter was transferred by California Supreme Court order on

April 10, 2025, from the Third Appellate District to the First Appellate District.

1

FACTUAL AND PROCEDURAL BACKGROUND On January 20, 2023, the San Joaquin County District Attorney filed an amended complaint charging defendant with the murder of Michael David McAtee, Sr. (§ 187, subd. (a); count 1); felon in possession of a firearm (§ 29800, subd. (a)(1); count 2); second degree robbery (§ 211; count 5); carjacking (§ 215, subd. (a); count 6); dissuading a witness (§ 136.1, subd. (a)(1); count 8); and pandering or procuring a person for prostitution (§ 266i, subd. (a)(1); count 10).3 The amended complaint alleged as to counts 1 and 5 enhancements for defendant’s intentionally and personally discharging a firearm proximately causing great bodily injury within the meaning of section 12022.53, subdivision (d). As to counts 1, 2, 5, 6, 8, and 10, it alleged defendant suffered a prior serious and/or violent felony conviction or “strike” within the meaning of sections 1170.12, subdivision (b), and 667, subdivision (d), subjecting defendant to sentencing under the “Three Strikes” law. As to counts 1, 5, 6, and 8, the same prior conviction was alleged as a prior serious felony enhancement under section 667, subdivision (a)(1). As to count 8, the amended complaint alleged enhancements for the personal use of a firearm pursuant to sections 1203.06, subdivision (a)(1), and 12022.5, subdivision (a). In addition, multiple aggravating circumstances were alleged as to the various counts pursuant to California Rules of Court, rule 4.421(a)– (b). On February 21, 2024, defendant entered a plea of guilty to first degree murder (Pen. Code, § 187, subd. (a); count 1) and admitted the prosecution’s amended enhancement for personal use of a firearm pursuant to Penal Code section 12022.53, subdivision (b) in connection with count 1. The prosecution