The opinion of the court was delivered by: Nicholson , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Alexander Ray Warren appeals from the judgment entered following his negotiated no contest plea to assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b))*fn1 and his admission that he personally used a firearm in the commission of that offense (§ 12022.5, subd. (a)). He contends the trial court abused its discretion in (1) denying his request for probation, and (2) imposing the middle six-year term for his assault charge. We find no error, conclude his assertions on appeal are frivolous, and affirm the judgment.
During the evening of March 15, 2008, a rap music concert was held at a youth center in Marysville. Several of the attendees of the concert were members of the Norteno criminal street gang. Defendant was present with his brother and his brother's young stepson.
About 11:30 p.m., a confrontation between large groups of concert guests and would-be guests began in the youth center parking lot. Defendant and other Norteno gang members were involved in the confrontation. At some point during the confrontation, defendant produced a nine-millimeter Uzi and opened fire; he struck three gang members and one fired back with a handgun and struck defendant in the leg.
As the gunfire erupted, three minors and one adult were getting into a car to leave. They later told police they did not know defendant. As the car pulled away, defendant pulled the front passenger door open, pointed the Uzi at the minor in the passenger seat, and told her to get out or get into the backseat. The minor climbed into the backseat of the car. Defendant sat in the front passenger seat. Defendant then pointed the gun at the minor driver and demanded he drive away, saying, "I'm hit, I'm hit, just drive." Finding the parking lot exits blocked by police, defendant got out of the car, and later collapsed near the youth center.
The minor who drove the car later told officers he had been afraid for his life.
As to the shooting victims, defendant was charged with three counts of attempted murder (§§ 664/187, subd. (a); counts I through III); and three counts of assault with a firearm (§ 245, subd. (a)(2); counts IV though VI). As to the three minors and one adult in the car, defendant was charged with four counts of assault with a firearm (§ 245, subd. (a)(2); counts VII though X), four counts of taking a motor vehicle by force or fear (§ 215, subd. (a); counts XI through XIV), and four counts of kidnapping (§ 207, subd. (a); counts XV through XVIII).
He ultimately pled no contest to an amended count VII, assault with a semiautomatic firearm (§ 245, subd. (b)), and admitted he personally used an Uzi in the commission of that offense (§ 12022.5, subd. (a)). Counts VIII through X were also amended to allege assault with a semiautomatic firearm, and dismissed with Harvey*fn3 waivers, as were the personal use enhancements alleged in connection with those counts.
Defendant's plea bargain contemplated that he would receive a disposition of not more than 10 years in state prison, the sum of the middle term of six years for count VII, plus a consecutive four-year term for the personal use enhancement. At sentencing, the court found that unusual circumstances were not present to overcome his statutory ineligibility for probation, and imposed the middle term of six years for count VII, plus a consecutive four-year term for the personal use enhancement, for an aggregate term of 10 years.