People v. Gonzales CA3

Filed 12/29/14 P. v. Gonzales CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE,

Plaintiff and Respondent, C075555

v. (Super. Ct. No. CRF120003532) RUDOLPH STEVEN GONZALES, JR.,

Defendant and Appellant.

Appointed counsel for defendant Rudolph Steven Gonzales, Jr., has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We conclude there is no arguable error that would result in a disposition more favorable to defendant. However, we modify the judgment to reflect the appropriate mandatory restitution and parole revocation fines, and affirm the judgment as modified. I Factual and Procedural History We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

Defendant was charged by information1 with attempted murder (Pen. Code §§ 21a, 664, subd. (a), 189, subd. (a)--count 1),2 assault with a deadly weapon (§ 245, subd. (a)(1)--count 2), and participation in a criminal street gang (§ 186.22, subd. (a)-- count 3). As to count 1, the information alleged the attempted murder was willful, deliberate, and premeditated (§§ 664, subd. (a), 189), and that defendant personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)), committed the charged offense for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)), and willfully, unlawfully, and personally inflicted great bodily injury (§ 12022.7, subd. (a)). As to count 2, the information alleged defendant committed the charged offense for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)), and willfully, unlawfully, and personally inflicted great bodily injury (§ 12022.7, subd. (a)). The information further alleged defendant served a prior prison term within the meaning of section 667.5, subdivision (b), and, at the time of commission of the offenses charged in counts 1 through 3, defendant was released from custody on bail or his own recognizance within the meaning of section 12022.1, subdivision (b). On October 8, 2013, pursuant to a negotiated plea agreement, defendant pled no contest to attempted murder (count 1) and admitted the gang enhancement in exchange for a stipulated aggregate sentence of 15 years in state prison (5 years for count 1, plus 10 years consecutive for the gang enhancement) and dismissal of all remaining charges, as well as all charges in case No. CRF 12-2884 pending against him. The plea form also