People v. Lang CA2/4

Filed 7/22/24 P. v. Lang CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B331106

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA104008) v.

DANTAY MALIK LANG,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Joseph J. Burghardt, Judge. Affirmed. Naomi L. Svensson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Dantay Malik Lang appeals from a judgment of conviction by jury of four firearm related offenses (Pen. Code, §§ 245, subd. (a)(2), 29800, subd. (a)(1), 25850, subd. (a), 25400, subd. (a)(1))1 arising from an incident involving his girlfriend inside a Lyft vehicle. After reviewing the record, defendant’s appointed counsel filed an opening brief asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Defendant filed a supplemental brief raising one claim of ineffective assistance of counsel. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND2 Dennis Uitz, a Lyft driver, testified as a percipient witness to the incident between defendant and his girlfriend occurring inside Uitz’s car on October 31, 2020. As Uitz drove defendant and his girlfriend, he watched defendant engage in several acts of physical aggression against his girlfriend. Uitz attempted to drop both passengers off at a location. Defendant grabbed his girlfriend to leave the car, and when she refused defendant pulled up his shirt to reveal a gun. Uitz saw what he believed was a chrome handgun and noticed defendant was wearing a backpack on his shoulders. Defendant took out the gun and told his girlfriend, “Get out of the car.” When she refused, defendant pointed the gun at Uitz’s head and said, “Get out of the car or I’m going to shoot him.” Defendant’s girlfriend got out of the car and defendant told Uitz to drive away. After driving a short distance,