Filed 5/12/17 P. v. King 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent,

v.

JONATHAN ANDREW KING,

Defendant and Appellant.

F072855

(Super. Ct. No. F15902123)


OPINION

THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. David Andrew Gottlieb, Judge.
Patricia Watkins, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-



The court sentenced appellant Jonathan Andrew King to a stipulated prison term of six years after he pled no contest to assault with a firearm (Pen. Code, § 245, subd. (a)(2); count 1), misdemeanor making criminal threats (§ 422; count 5), and misdemeanor battery (§ 243, subd. (e)(1); count 8) and admitted a personal use of a firearm enhancement in count 1 (§ 12022.5, subd. (a)).
Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Crystal Centeno had a restraining order against King, who was the father of two of her three children. On March 25, 2015, Alejandro Rivas and Anthony Everk were visiting Centeno and her children at Centeno’s apartment when King texted Centeno stating that he wanted to go to her apartment. Shortly afterwards, Centeno heard knocking on her front door and King yelling for her to let him in. After Centeno opened the door, King entered the apartment, confronted the men as they sat on a couch, and threatened to shoot them. Centeno got between King and the men and he pushed her to the ground. King then pulled a handgun from his right pocket and pointed it at the men and Centeno’s children while continuing to shout that he was going to shoot the men. As King pointed the gun at one of the children, Rivas stood up and stood between King and the child. Centeno then got up, wrestled with King, and pushed him out the door.
On August 27, 2015, the Fresno County District Attorney filed an information charging King with four counts of assault with a firearm (counts 1-4), two counts of making criminal threats (§ 422; counts 5 & 6), one count each of child abuse (§ 273a, subd. (a); count 7) and misdemeanor battery (§ 243, subd. (e)(1); count 8), and three counts of misdemeanor contempt of court (§ 166, subd. (c)(1); counts 9-11). Counts 1 through 7 also alleged a personal use of a firearm enhancement.
Also on that date, after the prosecutor amended count 5 to charge King with misdemeanor making criminal threats, King entered his plea as noted above in exchange for a stipulated prison term of six years. The court then granted the prosecutor’s motion to dismiss the remaining counts and enhancements.
On October 16, 2015, the court sentenced King to the stipulated prison term of six years, the mitigated term of two years on his assault with a firearm conviction, a four year arming enhancement, and credit for time served on his two misdemeanor convictions.
King’s appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) King has not responded to this court’s invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.