Filed 8/30/17 P. v. Cooper CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

Defendant Brett Raymond Cooper appeals from the trial court’s order that he serve a prison term totaling nine years and eight months upon his convictions for shooting at an inhabited dwelling and for first-degree robbery with the personal use of a firearm after he pled guilty to these crimes as part of a negotiated disposition of his case.

Defendant’s court-appointed counsel has filed a brief that does not raise any legal issues. He requests this court independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). He also declares that he informed defendant of his right to file a supplemental brief within 30 days. Defendant has not done so. Upon our independent review of the record pursuant to Wende, we conclude there are no arguable appellate issues for our consideration and affirm the trial court’s order.

BACKGROUND

In July 2016, the Mendocino County District Attorney filed an information against defendant alleging five criminal counts and related special enhancements for events occurring on May 1, 2016. The allegations included that he shot into an inhabited dwelling in violation of Penal Code section 246.[1]

Shortly before trial, the parties reached a negotiated disposition of the case. Defendant pled guilty to shooting at an inhabited dwelling and to first-degree robbery in violation of Penal Code section 211 with personal use of a firearm (§ 12022.5, subd. (a)), the latter of which was alleged in a sixth count that was added to the information. This negotiated disposition called for defendant to serve a state prison term of at least six years and at most 14 years. Defendant’s counsel recited the following as a factual basis for defendant’s guilty pleas: “On May 1st, 2016, within the County of Mendocino the defendant went to the residence of John . . . Seeba . . . while Mr. Seeba was home. The defendant fired multiple 12 gauge shotgun rounds into the residence. He then entered the house. He pointed his gun at Mr. Seeba, threatened Mr. Seeba causing Mr. Seeba to fear for his safety. And using the fear of force eventually took firearms from Mr. Seeba’s immediate presence.” The court accepted defendant’s pleas and admission upon finding that he made them knowingly, intelligently and voluntarily, found him guilty of the two counts, found the personal firearm use allegation to be true and dismissed the other counts and allegations, with defendant’s waiver of the bar against the court’s use of facts underlying these dismissed charges in sentencing determinations established in People v. Harvey (1979) 25 Cal.3d 754, 758–759.

In March 2017, the trial court sentenced defendant to a total prison term of nine years and eight months. This total consisted of a middle term sentence of four years for first-degree robbery as the principal term, four years for the personal firearm use allegation, and a consecutive term of one year and eight months, which was one-third of the middle term, for shooting at an inhabited dwelling as the subordinate term. The court ordered that defendant receive a total of 164 days in custody credits and 24 days of conduct credits under section 2933.1, and ordered him to pay a $1,600 restitution fine under section 1202.4, subdivision (b), this same amount as an additional parole revocation restitution fine with payment suspended by the court under section 1202.45, $1,679.36 in victim restitution, a $71 fine under section 1202.5, an $80 security fee under section 1465.8 and a $60 conviction fee under Government Code section 70373.

Defendant filed a timely notice of appeal from the court’s sentencing order.

DISCUSSION

“Section 1170.1 . . . ‘generally governs the calculation and imposition of a determinate sentence when a defendant has been convicted of more than one felony offense.’ [Citation.] If the sentencing court imposes consecutive terms, ‘the aggregate term of imprisonment for all these convictions shall be the sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements for prior convictions, prior prison terms, and [prior offenses committed while released on bail or recognizance].’ (§ 1170.1, subd. (a).) The principal term consists of ‘the greatest term of imprisonment imposed by the court for any of the crimes,’ including any applicable offense-specific enhancements. (Ibid.) The subordinate term consists of ‘one-third of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed,’ plus ‘one-third of the term imposed for any specific enhancements applicable to those subordinate offenses.’ (Ibid.)” (People v. Sasser (2015) 61 Cal.4th 1, 8–9.)[2]

“When a judgment of imprisonment is to be imposed and the statute specifies three possible terms, the choice of the appropriate term shall rest within the sound discretion of the court. . . . The court shall select the term which, in the court’s discretion, best serves the interests of justice.” (§ 1170, subd. (b).) Sentencing courts have wide discretion in weighing aggravating and mitigating factors. (People v. Avalos (1996) 47 Cal.App.4th 1569, 1582.) In the absence of a showing that the sentencing decision was irrational or arbitrary, “ ‘the trial court is presumed to have acted to achieve legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review.’ ” (People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968, 977–978.)

The court provided a well-reasoned explanation of its sentencing decisions and we see no reason in the record to disagree with them, or with its calculation of credits and imposition of standard fees and fines. In short, we conclude based on our independent review pursuant to Wende that there are no arguable appellate issues for our consideration.

DISPOSITION

The ruling appealed from is affirmed.

STEWART, J.

We concur.

KLINE, P.J.

MILLER, J.

People v. Cooper (A151092)