People v. Phouanesavath CA2/7

Filed 7/18/24 P. v. Phouanesavath CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B334092

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA092685) v.

DAVID PHOUANESAVATH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court. Hilleri G. Merritt, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. ___________

David Phouanesavath appeals from a judgment of conviction of attempted murder (Pen. Code, §§ 187, subd. (a),

664)1 and assault with a semiautomatic firearm (§ 245, subd. (b)). Phouanesavath entered a plea of no contest to the charges pursuant to a negotiated plea. Phouanesavath also admitted that the crime involved great bodily injury (§ 12022.7, subd. (a); Cal. Rules of Court, rule 4.421(a)(1)), and that he personally used a firearm in the commission of a felony or attempted felony (§ 12022.5, subd. (a)). The trial court sentenced Phouanesavath to 24 years in state prison. No arguable issues have been identified following review of the record by appointed appellate counsel or our own independent review. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

According to the probation report, on March 25, 2019 Phouanesavath was driving on the freeway when he “cut off” Odeen Orellana. After the two exchanged words, Orellana exited the freeway. Phouanesavath followed Orellana off the freeway in his vehicle. Orellana noticed that Phouanesavath was following him, and Orellana pulled over to the side of the road and exited his vehicle. Phouanesavath pulled alongside Orellana and, without saying anything, shot Orellana once in the chest and three times in the back. Joseph Gonzalez saw a news report with a video of the incident and called the police station to report that he had been a victim of “road rage” on February 19, 2019, and he believed the incident involved the same person he saw in the television report. According to Gonzalez, Phouanesavath was attempting to merge into traffic but became frustrated when Gonzalez was unable to