People v. Thomas CA3

Filed 9/30/14 P. v. Thomas CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C076801

Plaintiff and Respondent, (Super. Ct. No. 10F05947)

v.

VAIL BARADOIS THOMAS,

Defendant and Appellant.

Appointed counsel for defendant Vail Baradois Thomas has asked us to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable error that would result in a disposition more favorable to defendant. We shall affirm the judgment.

1

BACKGROUND A felony complaint charged defendant with discharging a firearm at an inhabited dwelling (count 1; Pen. Code, § 246);1 first degree residential burglary (count 2; § 459); assault with a firearm upon Donell T. (count 3; § 245, subd. (a)(2)); and misdemeanor unlawful possession of a firearm (count 4; § 12021, subd. (g)(2)). As to count 2, the complaint alleged defendant personally and intentionally discharged a firearm, proximately causing great bodily injury or death to Arianna D. (§ 12022.53, subds. (b)- (d).) As to count 3, the complaint alleged defendant personally used a firearm. (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)(1).) Defendant pled no contest to count 3 and admitted the section 12022.5, subdivision (a)(1) enhancement on that count, in return for a stipulated state prison term of 12 years (the low term of two years for the assault count, plus the upper term of 10 years, consecutive, for the enhancement), and the dismissal of the remaining counts and enhancements at sentencing. He waived preparation of a probation report. The People proffered that on or about September 12, 2010, in Sacramento County, the defendant and the victim argued and then physically fought. After the victim left to go to another apartment in the same apartment complex, defendant came to the victim’s location, broke out a window with a hammer, and entered the apartment. Defendant then shot the victim in the arm with a gun. At sentencing, the trial court imposed the agreed-upon sentence of 12 years in prison. The court awarded defendant 230 days of presentence custody credit (200 actual and 30 conduct days), and imposed a $200 restitution fine (§ 1202.4, subd. (b)), a $200 suspended parole revocation restitution fine (§ 1202.45), a $40 court operations