People v. Underwood CA3

Filed 1/20/15 P. v. Underwood 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte)

THE PEOPLE, C075156

Plaintiff and Respondent, (Super. Ct. No. CM037700)

v.

KEITH RYAN UNDERWOOD,

Defendant and Appellant.

Defendant Keith Ryan Underwood pleaded no contest to shooting at an inhabited dwelling (Pen. Code, § 246)1 and assault with a firearm (§ 245, subd. (a)(2)). Defendant also admitted to committing his crimes for the benefit of a street gang in violation of section 186.22, subdivision (b)(1). The trial court sentenced defendant to an aggregate term of 13 years in state prison. On appeal, defendant contends the trial court abused its discretion in refusing to grant him probation and in sentencing him to the…