P. v. Uribe

Filed 2/13/07  P. v. Uribe CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

            APPEAL from a judgment of the Superior Court of Los Angeles County, Michael A. Cowell, Judge.  Affirmed.

            Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels, and Sarah J. Farhat, Deputy Attorneys General, for Plaintiff and Respondent.  

            Defendant, Guillermo Uribe, appeals from:  his conviction for assault with a firearm (Pen. Code,^[1] § 245, subd. (a)(2)); the jurors' finding that he personally used a handgun (§§ 667, subd. (c),  1192.7, subd. (c), 12022.5); and the trial court's finding that he was previously convicted of two serious felonies.  (§§ 667, subds. (a)(1), (b)–(i), 1170.12.)  He contends the trial court should have dismissed one or both of his prior conviction findings pursuant to section 1385, subdivision (a).  We affirm.

            We view the evidence in a light most favorable to the judgment.  (Jackson  v. Virginia (1979) 443 U.S. 307, 319; People v. Elliot (2005) 37 Cal.4th 453, 466; People v. Osband (1996) 13 Cal.4th 622, 690; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909.)  On January 22, 2006, defendant approached Bryan Perez.  Mr. Perez was waiting for his girlfriend, Alondra Sandoval, in a parking lot adjacent to her place of employment.  Mr. Perez testified the following ensued:  â€