People v. Kaulaity CA3

Filed 1/20/23 P. v. Kaulaity CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Siskiyou) ----

THE PEOPLE, C096049

Plaintiff and Respondent, (Super. Ct. No. SCCRCRF20201333, v. SCCRCRF20201348)

GERT APPRICHO KAULAITY,

Defendant and Appellant.

Appointed counsel for defendant Gert Appricho Kaulaity has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After examining the record, we have identified two minor clerical errors in sentencing and in the abstract of judgment that warrant correction. We will correct the sentencing error and direct the trial court to correct the error in the abstract of judgment. Finding no other errors that are favorable to defendant, we will affirm the judgment.

1

I. BACKGROUND Defendant pointed a semiautomatic firearm at the victim’s head and threatened to shoot him after the victim noticed defendant was parked in the victim’s parking space at his apartment complex. In case No. SCCRCRF20201333 (1333), the prosecution charged defendant with assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)—count 1);1 assault with a firearm (§ 245, subd. (a)(2)—count 2); making a criminal threat (§ 422, subd. (a)—count 3); possession of a firearm by a convicted felon (§ 29800, subd. (a)(1)—count 4); and, exhibiting a firearm (§ 417, subd. (a)(2)(B)—count 5). The prosecution also alleged defendant personally used a firearm as to counts 1 through 3 (§ 12022.5), and committed the offenses while he was released on bail as to counts 1 through 4 (§ 12022.1). In case No. SCCRCRF20201348 (1348), the prosecution charged defendant with two felony counts of failure to appear (§ 1320, subd. (b)) and two misdemeanor counts of failure to appear (§ 1320, subd. (a)) after he failed to appear for ordered appearances in two other cases.2 The prosecution also alleged defendant was released on bail when he committed the offenses alleged in the former two counts. Defendant pled no contest to assault with a semiautomatic firearm and possession of a firearm as a convicted felon, and admitted the allegation that he personally used a firearm in case No. 1333. Defendant also pled no contest to all counts and admitted the allegation he had committed the offenses while released on bail in case No. 1348. Under the agreements resolving the two cases, defendant would be placed on probation for five years, with a sentence of up to 364 days in jail. He received a waiver under People v. Cruz (1988) 44 Cal.3d 1247 (Cruz). Defendant failed to report to the