NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,
Plaintiff and Respondent,
v.
JOEL DIAZ,
Defendant and Appellant.
|
F076249
(Super. Ct. No. F17902972)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Michael G. Idiart, Judge.
Jyoti Malik, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
Appointed counsel for defendant Joel Diaz asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed and we received no communication from defendant. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm.
BACKGROUND
We provide the following brief description of the factual and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On May 15, 2017, 18-year-old defendant and his 18-year-old male companion approached the 26-year-old victim who was by his truck outside his fitness club workplace. Defendant pointed a semiautomatic nine-millimeter handgun at the victim, who responded, “ ‘Really, you’re seriously pointing a gun at me?’ ” Defendant and his companion turned and ran away, but the victim gave chase and tackled defendant, causing defendant to drop his gun and cell phone. While the victim picked up the gun and cell phone, defendant got up and ran away. Officers searched the area and eventually found and detained defendant’s companion. He was under the influence of alcohol and had an outstanding misdemeanor warrant. The victim positively identified him as the person running with defendant. The companion was arrested for public intoxication and released six hours later. No criminal charges were filed against him. The victim and witnesses later identified defendant through a photo line-up.
On May 23, 2017, at approximately 10:43 a.m., defendant was contacted and arrested at the emergency room of a local hospital, where he was being treated for an unrelated incident.
On May 24, 2017, defendant was charged with assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b);[1] count 1), possession of a firearm by a person under 30 years old with a specified prior adjudication (§ 29820, subd. (b); count 2), and possession of ammunition by a person prohibited from owning a firearm (§ 30305, subd. (a)(1); count 3).
On July 12, 2017, defendant pled no contest to count 1 in exchange for a three-year lid.
On August 9, 2017, the trial court sentenced defendant to three years in prison, awarded credits, and imposed various fines and fees.
On August 31, 2017, defendant filed a notice of appeal.
We have undertaken an examination of the entire record, and we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
