P. v. Ashman CA3
In this consolidated case, defendants Gregory Scott Ashman and Frank Vincent Sierras appeal from their respective convictions stemming from an assault with a semiautomatic firearm on Gregory Jacobs.
On appeal, Sierras contends the trial court erred in imposing the upper term for the firearm enhancement. (Pen. Code, § 12022.5, subd. (a).) We disagree.
Appointed counsel for Ashman 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.) Ashman filed a supplemental brief, contending the trial court abused its discretion by imposing the midterm sentence, failing to grant probation, and failing to impose a split sentence. Ashman also contends he should “have a sentence at [less than] 85%,” presumably challenging the calculation of credits. We disagree.
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