People v. Lopez CA2/8

Filed 10/16/13 P. v. Lopez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B245422

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA307784) v.

DANNY LOPEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Martin Herscovitz, Judge. Affirmed.

Alan C. Stern, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________

On August 8, 2011, defendant Danny Lopez was charged with attempted murder, assault on a police officer, shooting at an aircraft and carrying a loaded firearm, together with several weapons and street gang enhancements. Following a preliminary hearing, and after being duly advised of his constitutional rights and the consequences of his plea, defendant pleaded no contest to two counts of assault on a peace officer with a semiautomatic firearm (Pen. Code, § 245, subd. (d)(2)). He also admitted gun use enhancements attached to those counts (Pen Code, §§ 12022.53, 12022.5)). He was sentenced to concurrent terms of25 years in state prison. Defendant timely filed a notice of appeal to which was attached a request for certificate of probable cause. The certificate of probable cause was denied on November 14, 2012.1 We appointed counsel to represent defendant on appeal. On April 24, 2013, counsel filed an opening brief stating that he could not find any arguable issues for appeal. (People v. Wende (1979) 25 Cal.3d 436.) On April 25, 2013, we sent a letter to counsel directing him to send the record on appeal and a copy of the opening brief to defendant. On the same date, we sent a letter to defendant inviting him to file a letter or brief raising any issues he wanted us to consider. Although we received two letters from defendant asking for additional time to file a supplemental brief, requests which we granted, we did not receive any brief or letter from defendant that raised any issues. As this appeal is from a no contest plea, we take the facts from the transcript of the preliminary hearing which is part of the record. On April 15, police officers responded to a “shots fired” call in the neighborhood in which defendant lived. Officers arrived at the location near Saticoy St. and Densmore Ave. in Van Nuys where they heard multiple gunshots. Officers called for backup and helicopter support. After the helicopter arrived over the location, shots were fired in the air, with two of them hitting the airship. Two