P. v. Padilla
Filed 8/24/07 P. v. Padilla CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. RAFAEL PADILLA et al., Defendants and Appellants. | D049406 (Super. Ct. Nos. SCD190525 & SCD195378) |
APPEAL from a judgment of the Superior Court of San Diego County, John Davidson, Judge. Affirmed.
Rafael Padilla waived his right to a jury trial. In the court trial, he was convicted of attempted first degree murder (Pen. Code,[1] 187, subd. (a), 189, 664) with personal firearm use ( 12022.5, subd. (a)), intentional and personal discharge of a firearm, proximately causing great bodily injury (GBI) ( 12022.53, subd. (d)), and personal infliction of GBI ( 12022.7, subd. (a)); robbery ( 211) with personal firearm use,
intentional and personal discharge of a firearm, proximately causing GBI, and personal infliction of GBI; assault with a semiautomatic firearm ( 245, subd. (b)) with personal firearm use and personal infliction of GBI; burglary ( 459) with personal firearm use and personal infliction of GBI; conspiracy to commit robbery ( 182, subd. (a)(1)) with personal firearm use and personal infliction of GBI; unlawful driving or taking of a vehicle (Veh. Code, 10851, subd. (a)); possession of a firearm by a felon ( 12021, subd. (a)(1)); receiving a stolen vehicle ( 496d); possessing methamphetamine (Health & Saf. Code, 11377, subd. (a)); and unauthorized possession of a hypodermic syringe (Bus. & Prof. Code, 4140). The court found that he had served two prior prison terms ( 667.5, subd. (b), 668). He was sentenced to prison for life with possibility of parole plus 25 years to life plus six years 10 months for attempted first degree murder, life with possibility of parole plus 25 years to life for intentional and personal discharge of a firearm, proximately causing GBI; the three-year upper term for unlawful driving or taking of a vehicle; eight months each (one-third the middle term) for possession of a firearm by a felon and possessing methamphetamine; six months for possessing a hypodermic syringe; and one year for each of the two prison priors. The court stayed sentence on the remaining counts and enhancements. Padilla appeals. We affirm.
FACTS
Viewing the record in the light most favorable to the judgment below (People v. Johnson (1980) 26 Cal.3d 557, 576), the following occurred.
Attempted First Degree Murder, Robbery, Assault with a Semiautomatic Firearm, BurglaryandConspiracy to Commit Robbery
On April 25, 2005, Padilla and Juan Francisco Alvarado[2]entered a Shell convenience store. Padilla pointed a gun at the cashier and asked him to open the cash register. The cashier complied, and Padilla and Alvarado grabbed money. The two men walked away, then came back. Padilla pointed his gun at the cashier, shot six times, and hit the cashier twice in the groin. One of the bullets exited the cashier's body and the other bullet is still inside of him. He required emergency surgery. The parties stipulated that he suffered GBI. Approximately $200 and a carton of cigarettes were taken during the robbery.
Unlawful Taking and Driving of a Vehicle, Possession of a Firearm by a Felon, and Receiving a Stolen Vehicle
On May 25, 2005, a red Honda Accord went over a sidewalk and hit a tree. A person in a nearby house ran outside and saw a man standing by the car. Another neighbor arrived and did not see anyone near the car except other neighbors. The car's engine was still running, however.
There was a loaded semiautomatic handgun in the front passenger compartment. In the driver's door map pocket, there was a wallet containing an identification card for "Rafael Cabrera," a name Padilla used. The identification card listed an address a couple of blocks from the accident scene. In the trunk of the car, police found notebooks containing graffiti-type writing. On one page was the name Cabrera.
Keys found at the accident scene unlocked the house at the address listed on the identification card. In the house, police found items with the name Cabrera on them. Padilla's sister told police she had seen him driving a small red car, possibly a Honda, the day before the accident. The car at the accident scene had been stolen in late April or early May, and the license plate on the car had been stolen from a different Honda Accord.
Possessing Methamphetamine and a Hypodermic Syringe
On August 8, 2005, police officers searched Padilla and found a syringe and a baggie containing methamphetamine in his pants pockets.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, he lists, as a possible but not arguable issue, whether the prosecutor presented sufficient evidence of the charged offenses.
We granted Padilla permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issue listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Padilla has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
McCONNELL, P. J.
WE CONCUR:
HALLER, J.
IRION, J.
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[1] All further statutory references are to the Penal Code unless otherwise specified.
[2] Alvarado's appeal was dismissed on June 15, 2007, pursuant to his request.
