P. v. Luna
Gerardo Luna appeals from a judgment entered following his no contest plea to assault with a firearm, count 2 (Pen. Code, 245, subd. (a)(2)), his admission that the offense was committed for the benefit of a criminal street gang within the meaning of Penal Code section 186.22, subdivision (b)(1)(C), that during the commission of the offense he personally used a handgun within the meaning of Penal Code section 12022.5, subdivision (a) and personally inflicted great bodily injury within the meaning of Penal Code section 12022.7, subdivision (a).[1] He was sentenced to prison for a total of 18 years, consisting of the upper term of four years for the base term, plus a consecutive middle term of four years for the gun use enhancement, plus a consecutive term of 10 years for the gang enhancement. For purposes of sentencing, the great bodily injury enhancement was stricken. Appellants notice of appeal states his appeal is based on the sentence or other matters occurring after the plea and that his appeal challenges the validity of the plea or admission. He requested but was denied a certificate of probable cause.
After review of the record, appellants court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441. The judgment is affirmed.
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