1 Filed 1/8/15 P. v. Espinoza CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOURTH APPELL ATE DISTRICT DIVISION TWO

THE PEOPLE, Plaintiff and Respondent,

v. JOHN RICHARD ESPINOZA, Defendant and Appellant. E061346 (Super.Ct.No . SWF1400404) OPINION

APPEAL from the Superior Court of Rive rside County. Timothy F. Freer, Judge. Affirmed. Caroline R. Hahn, under appointment by the Court of Appeal , for Defendant and Appellant. No appearance for Plaintiff and Respondent. Pursuant to a plea agreement, defendant and appellant John Ri chard Espinoza pled guilty to two counts of assault (Pen. Code, 1 § 245, subd. (b); counts 1 & 2); negligent

1 All future statutory references are to the Penal Code unless otherwise stated.2 discharge of a firearm (§ 246.3; count 3) ; criminal threats (§ 422; count 5); and possession of methamphetamine (Health & Sa f. Code, § 11377, subd. (a); count 6). Defendant also admitted that in the commission of counts 1 and 3 he had pe rsonally used a firearm (§ 12022.5, subd. (a)). Defendant further admitted that he had suffered one prior serious and violent felony strike conv iction within the meaning of sections 667, subdivisions (c) and (e)(1) and 1170.12, su bdivision (c)(1). In return, the remaining charges and enhancement allegations were di smissed and defendant was sentenced to a total term of 17 years in stat e prison with credit for time se rved. Defendant appeals from the judgment, challenging the validity of the plea and admiss ions. We find no error and affirm. I FACTUAL AND PROCEDUR AL BACKGROUND On December 26, 2013, defe ndant willfully and unlawfu lly committed an assault upon Jane Doe and John Doe w ith a semiautomatic firearm a nd personally discharged or displayed the firearm to Jane Do e. On this same date, defe ndant willfully and unlawfully discharged a firearm in a gr ossly negligent manner which could have resulted in the injury or death of a person. Defendant admitted that he had shot at a parked car in the front yard. Defendant also admitted to making unequivocal, unconditional, and immediate specific terrorist threats to Jane Doe with the specific inte nt to cause Jane Doe to be in sustained fear for her own safety or the safety of members of her immediate3 family. Defendant further ad mitted to possessing a usable quantity of methamphetamine on December 26, 2013. On March 17, 2014, a second amended felony complaint was filed charging defendant with two counts of assault (§ 245, subd. (b); counts 1 & 2); negligent discharge of a firearm (§ 246.3; count 3); malicious di scharge of a firearm at an inhabited motor vehicle (§ 246); criminal threats (§ 42 2; count 5); possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); coun t 6); and felon in possession of a firearm (§ 30305, subd. (a); count 7 ). The complaint also allege d that in the commission of counts 1, 2, 3, and 4, defe ndant personally used a firearm (§ 12022.5, subd. (a)). The complaint also alleged that defendant had su ffered one prior serious and violent felony strike conviction within the meaning of sec tions 667, subdivisions (c) and (e)(1) and 1170.12, subdivision (c)(1). On April 28, 2014, defendant waived his right to a pr eliminary hearing and trial and pled guilty. Pursuant to a plea agreement, defendant pled guilty to counts 1, 2, 3, 5, and 6. He also admitted thatin the commission of counts 1 and 3 he had personally used a firearm (§ 12022.5, subd. (a)) and that he had suffered one prio r serious and violent felony strike conviction (§§ 667, subds. (c) & (e)(1), 1170.12, subd. (c )(1)). In return, the remaining charges and enhancement allegati ons were dismissed. After directly examining defendant, the trial court found th at defendant understood the nature of the charges and the consequences of the plea ; that the plea was entered into freely, voluntarily, knowingly, and inte lligently; and that there was a factual basis for his plea.4 Defendant thereafter waived a presentenc e probation report and requested to be immediately sentenced. Defendant was sentence d to the agreed-upon term of 17 years in state prison and awarded 113 days of custody credit for time served. On June 11, 2014, defendant filed a notic e of appeal, challenging the validity of the plea and admissions, based on ineffec tive counsel and counsel pressuring and intimidating him to accept the plea agreement. He also filed a request for a certificate of probable cause. The trial court granted de fendant’s request for a certificate of probable cause on June 12, 2014. II DISCUSSION After defendant appealed, upon his re quest, this court appointed counsel to represent him. Counsel has file d a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, se tting forth a statement of the case, a summary of the fact s and potential arguable issues, and requesting this court to conduct an independent review of the record. We offered defendant an op portunity to file a personal supplemental brief, and he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the en tire record for poten tial error and find no arguable error that would result in a disposition more favorable to defendant.5 III DISPOSITION The judgment is affirmed. NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ P. J. We concur:

McKINSTER J.

MILLER J.