People v. Herrera CA4/3

Filed 3/26/21 P. v. Herrera CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G059386

v. (Super. Ct. No. 14NF5117)

SALVADOR LEROY HERRERA, JR., OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gary S. Paer, Judge. Affirmed. Thomas Owen, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

Appellant Salvador Leroy Herrera, Jr., is before us a second time. Previously, we affirmed his convictions, but remanded the matter for resentencing. Specifically, we ordered the trial court to reconsider the gang enhancement and to exercise its newly granted discretion under Senate Bill Nos. 620 and 1393 (2017-2018) Reg. Sess.) to strike or dismiss the firearm enhancement or the five-year enhancement for a prior serious felony conviction. (People v. Herrera (Apr. 26, 2019, G054945) [nonpub. opn.].) Following a resentencing hearing, the trial court declined to strike or dismiss the firearm enhancement or the five-year prior. Herrera appealed, and his appointed counsel filed a brief under the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738. Herrera did not file a supplemental brief. Because our review of the record discloses no arguable issues, we affirm the judgment. I FACTUAL AND PROCEDURAL BACKGROUND As recounted in our prior opinion, on December 1, 2014, the victim and his two sons were in their driveway when Herrera approached their vehicle. Herrera leaned into their vehicle and screamed he was going to kill the victim. He then pulled out a black handgun and pointed it at the victim, before saying this was his neighborhood and he was in charge. After the victim stated he respected Herrera, Herrera responded he would not kill the victim at this time because of the children’s presence, but would return. After Herrera left, the victim called police. Herrera was arrested two weeks later. (People v. Herrera (Apr. 26, 2019, G054945) [nonpub. opn.].) A jury convicted Herrera of assault with a firearm (Pen. Code § 245, subd. (a)(2); all further statutory citations are to the Penal Code unless otherwise stated), making criminal threats (§ 422), possession of a firearm by a felon (§ 29800, subd. (a)(1)), and misdemeanor possession of cocaine (Health & Saf. Code, § 11350, subd. (a)).