People v. Gonsoulin CA5

Filed 3/28/24 P. v. Gonsoulin 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F086121 Plaintiff and Respondent, (Super. Ct. No. SUF22555) v.

BRIAN GONSOULIN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Stephanie L. Jamieson, Judge. Michael C. Sampson, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Smith, J. and Snauffer, J.

Defendant Brian Gonsoulin brings this appeal after he was resentenced by the trial court. Counsel for defendant has submitted a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), asking this court to conduct an independent review of the record on appeal. Although we offered defendant the opportunity to present his own brief on appeal through a letter, he has not responded. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record before this court. Following our Supreme Court’s direction in Kelly, we provide a brief description of the relevant facts and the procedural history of the case relevant to this appeal. (Kelly, at p. 110.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. PROCEDURAL AND FACTUAL SUMMARY On October 26, 1998, defendant was found guilty of committing a forceable rape (Pen. Code,1 § 261, subd. (a)(2)) and kidnapping to commit a rape (§ 209, subd. (b)(1)). All enhancements alleging prior convictions, including a “strike” conviction were also found to be true. On November 24, 1998, defendant was sentenced to serve 75 years to life, which resulted when his base sentence was set at 25 years to life pursuant to section 667.61, subdivision (d)(2), and then was tripled under section 1170.12, subdivision (c)(2)(A) for three prior convictions of serious or violent felonies. Defendant also received an additional term of eight years related to additional enhancements addressing the violence of the offense and prior prison terms.2 The sentences for kidnapping (count 2), and all remaining enhancements found true were then stayed pursuant to section 654.