P. v. Fuller CA2/2

Filed 7/1/13 P. v. Fuller CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B244731

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. TA122594, TA120194) v.

PATRICK FULLER et al.,

Defendants and Appellants.

THE COURT:*

Defendants Patrick Fuller (Fuller) and Christopher Session (Session) appeal following their pleas of “no contest” pursuant to a plea bargain. Fuller pleaded “no contest” to one count of attempting to dissuade a witness in violation of Penal Code section 136.1, subdivision (a)(2).1 He admitted that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang pursuant to section 186.22, subdivision (b)(1)(B). He admitted a five-year prior conviction allegation (§ 667, subd. (a)) and a one-year prior conviction allegation (§ 667.5, subd. (b)) for a total of 15 years in state prison. Session pleaded “no contest” to the same charges and allegations and additionally to one count of exhibiting a concealable firearm in public in

* BOREN, P.J., ASHMANN-GERST, J., CHAVEZ, J. 1 All further references to statutes are to the Penal Code unless stated otherwise.

violation of section 417, subdivision (a)(2), a misdemeanor. He admitted the allegation that the offense occurred in a public place and the firearm was a pistol. Session’s sentence was also 15 years in state prison. The sentences consisted of four years each (the midterm of two years doubled because of the strike priors) for attempting to dissuade a witness and consecutive terms for each defendant of five years for the gang allegations, five years for one of the prior serious felony allegations, and one year for one of the prior prison term allegations. The trial court also imposed a concurrent six-month term on Session for his misdemeanor offense. Fuller filed a notice of appeal but did not file a request for a certificate of probable cause. He indicated that the appeal was based on the sentence or other matters occurring after the plea that did not affect the validity of the plea. Session indicated that his appeal was based on the sentence or other matters, the denial of a motion to suppress evidence,2 and on a challenge to the validity of the plea. His request for a certificate of probable cause was denied. We appointed counsel to represent defendants on this appeal. After examination of the record, counsel filed “Opening Briefs” acknowledging that they had been unable to find any arguable issues. On February 20, 2013, we advised Fuller and Session that they had 30 days within which to personally submit any contentions or issues that they wished us to consider. No subsequent response has been received, although Session wrote a letter, filed February 14, 2013, in which he alleged ineffective assistance of counsel in connection with his plea. The evidence presented at defendants’ preliminary hearing showed that Brian M. was riding his bicycle when he heard someone shouting at him. He stopped and saw an angry-looking man, later identified as Session, approaching him. A woman appeared, and Session told her to get his “stuff.” She reappeared with a gun that had a banana clip and gave it to Session. Brian approached Session because he thought Session was calling him for a reason. Session then gave the gun back to the woman. Session told Brian,