People v. Jefferson CA5

Filed 4/27/21 P. v. Jefferson 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080680 Plaintiff and Respondent, (Super. Ct. No. F15907389) v.

TYRECE JEFFERSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Arlan L. Harrell, Judge. Allen G. Weinberg, under appointment by the Court of Appeal, Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Peña, J. and De Santos, J.

Appointed counsel for appellant Tyrece Jefferson asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Jefferson was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. This court did not receive a supplemental brief from him. Finding no arguable error that would result in a disposition more favorable to Jefferson, we affirm. BACKGROUND On August 15, 2016, following a jury trial, Jefferson was convicted of second degree attempted robbery (Pen. Code,1 §§ 664, 211, count 1), assault with a semiautomatic firearm (§ 245, subd. (b), count 2), and possession of a firearm by a felon (§ 29800, subd. (a)(1), count 3). In addition, multiple enhancements alleged as to counts 1 and 2 were found true, as were prior strike allegations. On October 7, 2016, Jefferson was sentenced. The trial court denied Jefferson’s motion to strike his prior strike convictions under People v. Superior Court (Romero) (1996) 13 Cal.4th 497. As to count 1, the trial court imposed a sentence of 25 years to life. In addition, the court imposed a 10-year sentence for a firearm use enhancement (§ 12022.53, subd. (b)) attached to this count, and a five-year enhancement for the prior serious felony conviction (§ 667, subd. (a)(1)), for a total determinate term of 15 years. With respect to count 2, the court imposed a sentence of 27 years to life. In addition, the court imposed a 10-year sentence for a firearm use enhancement (§ 12022.5), and a five- year enhancement for a prior serious felony conviction (§ 667, subd. (a)(1)), for a total determinate term of 15 years. Finally, the court ran the sentences on counts 1 and 2 consecutive to one another.