People v. Carmona CA2/8

Filed 9/11/23 P. v. Carmona CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B325487

Plaintiff and Respondent, Los Angeles County Super. Ct. No. NA110859-01 v.

EDUARDO CARMONA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Judith Levey Meyer, Judge. Affirmed.

Miriam K. Billington, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_________________________

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. Finding no error, we affirm. A jury convicted appellant Eduardo Carmona of assault with a firearm and possession of a firearm by a felon. The jury also found true allegations that he personally used a handgun within the meaning of Penal Code section 12022.5, subdivision (a), and that he personally inflicted great bodily injury upon the victim within the meaning of Penal Code section 12022.7, subdivision (a). Carmona waived jury trial on his strike and serious felony prior convictions and admitted them as alleged in the information. At sentencing, the trial court selected the high term of four years for the assault conviction. This was doubled pursuant to the Three Strikes law. The trial court selected the low term of three years for the sentence enhancement under Penal Code section 12022.5, subdivision (a). It also imposed a three-year term pursuant to Penal Code section 12022.7 because the victim was injured. Finally, the court, recognizing its discretion, imposed a five-year term pursuant to Penal Code section 667, subdivision (a)(1) (enhancement for conviction of a felony within five years of serving a prison term) for the protection of the public. As for the conviction for possession of a firearm by a felon, the court imposed the upper term of three years doubled pursuant to the Three Strikes law and stayed the sentence under Penal Code section 654. Carmona’s aggregate sentence was 19 years in state prison.