People v. Uriarte CA1/3

Filed 9/25/15 P. v. Uriarte CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A140223

v. LOREN JASON URIARTE, (Sonoma County Super. Ct. No. SCR-633294) Defendant and Appellant.

Defendant Loren Jason Uriarte was sentenced to serve 12 years 8 months in state prison after a jury convicted him of attempted robbery and found true an allegation that he used a firearm during the commission of the offense. Defendant challenges his sentence on appeal, claiming that imposition of a 10-year firearm use enhancement under Penal Code1 section 12022.53 violates equal protection principles because he could have received a lesser sentence based on the same conduct if the firearm use enhancement had been charged under section…