Opinion
B301355
04-21-2020
THE PEOPLE, Plaintiff and Respondent, v. CARLOS E. COREAS, Defendant and Appellant.
John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. VA143885) APPEAL from a judgment of the Superior Court of Los Angeles County, Debra Cole-Hall, Judge. Affirmed. John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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Pursuant to People v. Wende (1979) 25 Cal.3d 436, we review this appeal of an order denying appellant's Senate Bill No. 620 motion for resentencing.
The facts are recited in the probation report: "Defendant approached the victim as he was driving, carjacked him, and held him hostage at gunpoint until they were stopped by police for having paper license plates. The victim was not injured, and the defendant was immediately taken into custody."
On January 27, 2017, a felony complaint was filed charging appellant with attempted carjacking in violation of Penal Code section 664/215, subdivision (a); kidnapping in violation of Penal Code section 207, subdivision (a); and felon in possession of a firearm in violation of Penal Code section 29800, subdivision (a)(1). It was also alleged, pursuant to Penal Code section 12022.53, subdivision (b) that appellant personally used a firearm as to the attempted carjacking and kidnapping counts.
On April 24, 2017, appellant waived his constitutional rights and entered a no contest plea to the attempted carjacking. He admitted the firearm use allegation. The trial court sentenced him to 11 years 6 months in prison, comprised of 18 months on the attempted carjacking count and 10 years on the firearm enhancement. Appellant received 107 days of presentence custody credit. Various fines and fees were imposed. The remaining charges were dismissed.
On August 13, 2019, appellant filed a motion for resentencing pursuant to Senate Bill No. 620, asking the trial court to exercise its discretion to strike the firearm enhancement. On the same day the trial court summarily denied the motion.
On September 16, 2019, Coreas filed a timely notice of appeal.
We appointed counsel to represent Coreas on appeal. After examining the record, counsel filed an opening brief raising no issues and asking this court to review the record independently as required by People v. Wende. On February 11, 2020, we advised Coreas he had 30 days within which to personally submit any contentions or issues he wished us to consider. To date, we have received no response.
We have examined the entire record and are satisfied that Coreas's counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109-110; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
STRATTON, J. We concur:
GRIMES, Acting P. J.
WILEY, J.