P. v. Gomez
Filed 1/30/07 P. v. Gomez CA1/1
NOT TO BE PUBLISHED IN OFFICIAL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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115.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
FIRST APPELLATE DISTRICT
DIVISION ONE
THE Plaintiff v. MICHAEL Defendant and Appellant. |
|
Defendant
entered a plea of guilty to second degree
robbery (Pen. Code, § 211),[1] two counts of assault with a firearm (§
245, subd. (a)(2)), and criminal
street gang activity (§ 186.22, subd. (a)). He also admitted an associated
enhancement for commission of offenses to promote a criminal street gang (§
186.22, subd. (b)(1)), and that he was 16 years of age or older when he
committed the offenses (Welf. & Inst. Code, § 707, subd. (d)(1)).[2] He was denied probation and
sentenced as an adult to an aggregate state prison term of seven years. The
sole contention made in this appeal is that the trial court erred by denying
defendant probation and imposing the prison term. We conclude that the
sentence was not an abuse of the trial court's discretion, and affirm the
judgment.
STATEMENT OF FACTS[3]
Count One (Assault by Means Likely to Cause Great
Bodily Injury
On
January 4, 2005, defendant and codefendant Anthony
Aguilar, both Norteño gang members, were occupants of a vehicle with two minor
females, Katie and Jackie. The car was stopped when they encountered Marco, a rival
18th Street gang member. According to Katie's
statement to the police, defendant left the car and struck Marco on the side of
the head, which caused him to fall to the ground and hit his head on the
sidewalk. Marco was rendered unconscious by the attack and taken to the
hospital. He may also have been kicked or beaten after he was unconscious, as
his ribs and stomach were sore. Defendant denied that he was the one who hit
the victim; he asserted in his statement to the police that Aguilar â€
Description
Defendant entered a plea of guilty to second degree robbery (Pen. Code, S 211), two counts of assault with a firearm (S 245, subd. (a)(2)), and criminal street gang activity (S 186.22, subd. (a)). He also admitted an associated enhancement for commission of offenses to promote a criminal street gang (S 186.22, subd. (b)(1)), and that he was 16 years of age or older when he committed the offenses (Welf. and Inst. Code, S 707, subd. (d)(1)). He was denied probation and sentenced as an adult to an aggregate state prison term of seven years. The sole contention made in this appeal is that the trial court erred by denying defendant probation and imposing the prison term. Court conclude that the sentence was not an abuse of the trial court's discretion, and affirm the judgment.
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