People v. Carrillo CA3

Filed 12/29/23 P. v. Carrillo CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sacramento)

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THE PEOPLE, C099030

Plaintiff and Respondent, (Super. Ct. No. 17FE012477)

v.

LEO CARRILLO,

Defendant and Appellant.

Appointed counsel for defendant Leo Carrillo filed a brief raising no arguable issues under People v. Wende (1979) 25 Cal.3d 436 and asks this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. After independently examining the record, we will affirm the judgment.

1

I. BACKGROUND The facts that underly the 11-count information in this case arise out of two separate incidents. In the first, defendant got into a verbal confrontation with the two victims at a market. The victims disengaged, left the store, and began walking away. Defendant got into his car and drove up next to the victims. He pulled out a gun and fired at both victims. Two bullets struck one victim in his lower body and another bullet grazed the face of the second victim. In the second incident, defendant drove his mother’s car with two passengers to a house where one of the passengers in the car shot at the house. One of the bullets grazed the head of a man standing in front of the house. As defendant fled the shooting, he struck another car. Defendant got out of his car carrying a handgun and ran away. Police discovered his car nearby and found twenty-one .22-caliber long rifle cartridges in it. They found a gun in a nearby field. As to the first incident, the second amended information charged defendant with two counts of attempted murder (Penal Code, §§ 664/187—counts one and four),1 two counts of shooting from a vehicle at a person not in the car (§ 26100, subd. (c)—counts two and five), assault with a semiautomatic firearm (§ 245, subd. (b)—counts three and six), and being a felon in possession of a firearm (§ 29800, subd. (a)(1)—count seven). As to counts one through six, the information also alleged a host of firearm enhancements under sections 1203.06, subdivision (a)(1), 12022.5, subdivision (a), 12022.53, subdivisions (b), (c), and (d), and 12022.7, subdivision (a). As to the second incident, the information charged defendant with assault with a semiautomatic firearm (§ 245, subd. (b)—count eight), possession of a firearm and ammunition by a felon (§§ 29800, subd. (a)(1), 30305, subd. (a)(1)—counts nine and ten) and fleeing the scene of an injury accident (Veh. Code, § 20001, subd. (b)(1)—count