P. v. Carranza CA5

Filed 3/6/13 P. v. Carranza 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F064142 Plaintiff and Respondent, (Super. Ct. Nos. VCF178296, v. VCF119158-03)

ARMANDO REYNA CARRANZA, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Gary L. Paden, Judge. Elizabeth Campbell, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

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* Before Cornell, Acting P.J., Gomes, J. and Kane, J.

Appellant, Armando Reyna Carranza, Jr., appeals from the denial of his motion to correct his abstract of judgments in case Nos. VCF178296 and VCF119158-03. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On June 17, 2004, in case No. VCF119158-03, Carranza pled guilty to making criminal threats (count 1/Pen. Code, § 422)1 and assault with a firearm (count 2/§ 245, subd. (a)(2)) and admitted a personal use of a firearm enhancement (§ 12022.5, subd. (a)(1)) in count 1. On July 15, 2004, the court placed Carranza on probation for three years on condition that he serve one year local time. The court also awarded him seven days of presentence custody credit consisting of five days presentence actual custody credit and two days of presentence conduct credit. On May 29, 2007, in case No. VCF178296, Carranza pled no contest to assault with a deadly weapon (§ 245, subd. (a)(2)) and admitted a serious felony enhancement (§ 667, subd. (a)) and allegations that he had two prior convictions within the meaning of the three strikes law (§ 1170.12). Additionally, Carranza admitted violating his probation in case No. VCF119158-03. On August 15, 2007, the court struck Carranza’s two prior strike convictions and sentenced him to an aggregate seven-year term in both cases: in case No. VCF178296, the mitigated term of two years on Carranza’s assault conviction and a five-year serious felony enhancement; and in case No. VCF119158-03, a concurrent, aggregate six-year term.2 In case No. VCF178296, the court awarded Carranza presentence custody credit