People v. Bustamante CA5

Filed 6/30/23 P. v. Bustamante 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085575 Plaintiff and Respondent, (Kern Super. Ct. No. DF016679C) v.

ANTONIO BUSTAMANTE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David E. Wolf, Judge. Vicki Hightower, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Appellant and defendant Antonio Bustamante (appellant) and two other inmates serving a sentence in the California Department of Corrections and Rehabilitation (CDCR), were charged with attempted murder and other offenses. Appellant pleaded no contest to one count of assault with a deadly weapon while confined in CDCR, for the second strike term of eight years served consecutively to the sentence he was already serving. On appeal, his appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not filed a supplemental brief. We affirm. PROCEDURAL BACKGROUND On February 4, 2022, a complaint was filed in the Superior Court of Kern County charging appellant and codefendants Jose Lara and Juan Carlos Guardado with committing the following offenses on or about June 1, 2021: count 1, attempted murder (Pen. Code, §§ 664, 187),1 with allegations that the offense was premeditated (§ 189) and each personally inflicted great bodily injury (§ 12022.7) and personally used an inmate- manufactured weapon (§ 12022, subd. (b)(1)); count 3, assault with a deadly weapon while confined in CDCR (§ 4501, subd. (a)), with allegations that each personally inflicted great bodily injury (§ 12022.7); count 4, assault by means of force likely to produce great bodily injury while confined in CDCR (§ 4501, subd. (b)), with allegations that each personally inflicted great bodily injury (§ 12022.7) and personally used an inmate-manufactured weapon (§ 12022, subd. (b)(1)); and count 5, possession or control