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The People v. George Ray Sotello

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama)


February 19, 2013

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
GEORGE RAY SOTELLO, JR., DEFENDANT AND APPELLANT.

(Super. Ct. No. NCR83491)

The opinion of the court was delivered by: Hull , Acting P. J.

P. v. Sotello

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

Defendant, George Ray Sotello, Jr., and the victim had a long-term relationship over the course of seven years, during which they dated, married, divorced and ultimately moved back in together. In February 2012, defendant came home angry and intoxicated. He armed himself with a semi-automatic handgun, shoved the victim several times, pushed the gun into her breast and said, "Don't you be playing any fucking games with me, because I'll kill you." He walked away from her, but returned and again threatened to kill her while pressing the gun against her breast. He then shoved her, walked out onto the patio and fired one round from the pistol into the backyard. He walked into the bedroom, fired another round and left the house. He threatened to kill the victim or her son if she contacted law enforcement.

Defendant was charged with two counts of assault with a semi-automatic firearm (Pen. Code, § 245, subd. (b); further undesignated statutory references that follow are to the Penal Code), two counts of making criminal threats (§ 422), and one count of corporal injury to a spouse (§ 273.5, subd. (a)), each with a special enhancement allegation that he personally used a firearm in the commission of the offense. (§ 12022.5, subd. (a).) Defendant was also charged with two counts of discharging a firearm with gross negligence. (§ 246.3, subd. (a).)

Defendant pleaded guilty to one count of assault with a semi-automatic firearm (§ 245, subd. (b)) and one count of making criminal threats (§ 422) and admitted the special allegation as to the assault charge that he personally used a firearm (§ 12022.5, subd. (a)). The parties agreed this was an open plea with a capped term of 10 years 8 months. The court denied probation, sentenced defendant to an aggregate term of seven years, consisting of the low term of three years on the assault, the midterm of four years on the firearm enhancement, and a concurrent midterm of two years on the criminal threats. Defendant was ordered to pay a $1,000 restitution fund fine, a $40 court security fee and a $35 criminal conviction assessment. Defendant was awarded 200 days presentence custody credits.

Appointed counsel filed an opening brief setting forth the facts of the case and requesting this court review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no additional arguable errors that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: BUTZ , J. HOCH , J.

20130219

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