P.v. Acevedo CA5

Filed 8/5/24 P.v. Acevedo CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087347 Plaintiff and Respondent, (Super. Ct. No. BF185598A) v.

JUAN ANGEL ACEVEDO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. J. Eric Bradshaw, Judge. Rex A. Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Snauffer, J. and De Santos, J.

STATEMENT OF APPEALABILITY This appeal is from a judgment of conviction following a guilty plea. It is authorized by Penal Code section 1237.5.1 STATEMENT OF THE CASE Juan Angel Acevedo was charged in an information with premeditated murder (§ 187, subd. (a); count 1), unlawful possession of a firearm (§ 29800, subd. (a)(1); count 2), and unlawful possession of ammunition (§ 30305, subd. (a)(1); count 3). It was further alleged as to count 1 Acevedo personally discharged a firearm and caused injury or death (§ 12022.53, subd. (d)), and it was also alleged Acevedo had suffered a prior conviction within the meaning of the Three Strikes law (§§ 667, subds. (c)–(j), 1170.12, subds. (a)–(e)) and a prior serious felony conviction (§ 667, subd. (a)). Under a plea agreement, Acevedo pleaded no contest to an amended count 4, voluntary manslaughter (§ 192, subd. (a)), admitted he personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)), and had suffered a prior strike conviction (§ 667, subds. (b)–(i)). Acevedo also admitted to aggravating sentencing factors. The remaining counts and enhancement allegations were stricken as part of the plea agreement, and another case also was dismissed. The agreement provided for a stipulated sentence of 32 years in prison. On November 2, 2023, the court sentenced Acevedo pursuant to the plea agreement. The court also imposed fines and fees. STATEMENT OF FACTS The following facts are drawn from the preliminary hearing transcript, which Acevedo stipulated to as a factual basis for his plea. On May 13, 2021, a Kern County Sheriff’s deputy was dispatched to a residence in Lake Isabella after a shots fired call. He spoke with a woman who lived there, D. D.