The People v. Kirby CA4/1

Filed 9/13/13 P. v. Kirby CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062899

Plaintiff and Respondent,

v. (Super. Ct. No. JCF26709)

KENNETH DALE KIRBY III,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Donal B.

Donnelly, Judge. Affirmed as modified; remanded with directions.

Appellate Defenders, Patricia Mary Ihara for the Defendant and Appellant under

appointment by the Court of Appeal.

Kenneth Dale Kirby III pleaded no contest to one count of assault with a firearm

(Pen. Code, § 245, subd. (a)(2)) and admitted allegations that he personally used a

firearm during the commission of the offense (Pen. Code, § 12022.5, subd.…