People v. Uriostegui CA5

Filed 6/26/15 P. v. Uriostegui CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F069016 Plaintiff and Respondent, (Super. Ct. Nos. CRM021830 & v. CRM028505B)

SERGIO URIOSTEGUI, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Marc A. Garcia, Judge. Elaine Forrester, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, State of California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Gomes, J. and Peña, J.

Sergio Uriostegui initially was charged with various offenses as a result of an attack on the mother of his children. He pled no contest to assault with a firearm and was placed on probation pursuant to a plea agreement. While he was on probation for this offense, Uriostegui was charged with possession of a firearm by a felon. The information also contained other charges and various enhancements. Pursuant to a plea agreement, Uriostegui pled to the possession charge and admitted a gang enhancement. He was sentenced to a prison term of four years. Uriostegui also admitted he violated his probation in the first case and was sentenced to a concurrent term of two years on that offense. Uriostegui filed a notice of appeal and included a request for a certificate of probable cause in his notice. The trial court failed to rule on the request. In the interest of judicial economy, we will treat the appeal as if the trial court had granted the request and issued a certificate of probable cause. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asserting she could not identify any arguable issues in this case. By letter dated July 10, 2014, we invited Uriostegui to inform this court of any error he felt had occurred in the trial court. Uriostegui did not respond to our letter. Our independent review of the record did not identify any arguable issues. Accordingly, we affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY In 2012 Uriostegui pled no contest to the charge of assault with a firearm, in violation of Penal Code section 245, subdivision (a)(2).1 (Case No. CRM021830, hereafter the assault case.) He was sentenced to formal probation, including a year in jail, and a no contact order with the victim, the mother of Uriostegui’s children.