Filed 11/20/17 P. v. Randle CA3
NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(San Joaquin)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

ANTHONY RAYMOND RANDLE,

Defendant and Appellant.
C079561

(Super. Ct. No. SF124530A)





Appointed counsel for defendant Anthony Raymond Randle has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On the morning of April 7, 2013, Jaime Goodacre and her husband, Danny Goodacre, were watching television when they heard a popping noise. She then heard her neighbor yelling at her children, who had been playing outside, to get Mrs. Goodacre and have her call 911. The Goodacres went out into their backyard and helped two children from the neighbor’s house over the fence and brought all the children into their home. Mrs. Goodacre then called 911. Because Mrs. Goodacre did not know exactly what had occurred next door, the 911 operator asked her to relay questions to the oldest child, Latasha. Through Mrs. Goodacre, the 911 operator asked Latasha who had the gun, and Latasha provided the name and description of the man with the gun.
Officer Jesus Gonzalez responded to an address due to shots fired and possible hostages. Approximately six or seven other officers also responded. Officer Gonzalez went next door and spoke to the neighbor, Danny Goodacre, who reported he heard what sounded like three gunshots--which were low in volume and possibly .22-caliber. Mr. Goodacre explained that after the shots, his neighbor asked him to call 911 and said, “He’s shooting at the house.” The neighbor then asked Mr. Goodacre to take two children into Mr. Goodacre’s home.
After speaking with the neighbors, Officer Gonzalez spoke to Latasha. Latasha said that she was playing outside in the yard and saw her uncle (defendant) arrive with his girlfriend. The girlfriend was driving, and she parked right in front of the house. Defendant got out of the front passenger seat and as he came out, a gun fell out of his pants, which hit the ground and went off. Defendant then picked up the gun and walked into the house. She overheard her grandmother (Evelyn Estrada) yell, “You better not be bringing a gun into my house.” Defendant ignored her grandmother and walked inside. Her grandmother’s boyfriend, Mario, then helped Latasha over the fence and into the house next door.
Once the residence was secured by other officers, Officer Morgan Fawver assisted with searching inside the house. Officer Fawver searched the closet inside the bedroom and located a handgun inside a shoe. Another officer removed the gun from the shoe and ejected the magazine and one round in the chamber.
Defendant’s mother, Evelyn Estrada, testified at trial. She testified that, on the morning of April 7, 2013, she was working in the backyard garden with Mario, her granddaughter Latasha, and her niece Brianna. She heard defendant’s girlfriend’s car in front of the house, so she got up and walked into the house. While walking to the house, she heard the sound of a pop. When she walked into the kitchen, she saw defendant looking in the refrigerator. He asked if she had any food, and she told him to look and then added, “But you better not be shooting no gun” or “Better not been a gunshot out there.” Ms. Estrada testified she meant that as a joke. Defendant had replied, “Yeah. Right.” When she spoke with an officer on the night of the incident, she told the officer about the “fireworks” sound, about defendant getting dropped off by his girlfriend, and about her joke to defendant about the gunshot. Latasha also testified at trial but did not remember much about the incident.
Defendant was charged with being a felon in possession of a firearm. (Pen. Code, § 29800, subd. (a).) It was further alleged that he had a prior strike conviction for making criminal threats. (Pen. Code, § 422.)
Jury trial commenced on May 7, 2015, and the jury returned a guilty verdict at the end of the fifth day. Defendant waived his right to a jury trial on the prior conviction, after which the trial court found the prior strike conviction true. Defendant was sentenced to the upper term, doubled due to the prior strike, for a total of six years in state prison.
Defendant appeals.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.



HULL , Acting P. J.



We concur:



MAURO , J.



HOCH , J.