People v. Van Es CA5

Filed 10/21/24 P. v. Van Es 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F086034 Plaintiff and Respondent, (Super. Ct. No. VCF430094) v.

THOMAS KIRK VAN ES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Nathan G. Leedy, Judge. Sylvia W. Beckham, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

* Before Poochigian, Acting P. J., Franson, J. and Smith, J.

-ooOoo- Appellant and defendant Thomas Kirk Van Es was found guilty by a jury of first degree murder with related true findings on two firearm allegations. The trial court sentenced defendant to an aggregate term of 50 years to life. Defendant’s appointed counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436, identifying no error and asking this court to conduct an independent review of the record on appeal. Defendant was invited to submit a letter stating any grounds for appeal, but he failed to do so within the time allotted. We conducted an independent review of the entire record and find no error. We affirm. PROCEDURAL SUMMARY On July 11, 2022, the Tulare County District Attorney filed a single count information charging defendant with the murder (Pen. Code,1 § 187, subd. (a)) of K.V. The information further alleged defendant personally and intentionally discharged a firearm causing great bodily injury and death to K.V. (§ 12022.53, subds. (b), (c) & (d)) and personally used a firearm (§ 1203.06, subd. (a)(1)). On February 6, 2023, the jury found defendant guilty of first degree murder. The jury also found true the allegations that defendant personally and intentionally discharged a firearm resulting in death in the commission of the murder (§ 12022.53, subd. (d)) and personally used a firearm. On March 23, 2023, the trial court held a sentencing hearing. Defendant had filed a statement in mitigation asking the court to stay the sentence on the firearm enhancement. The court denied this request and sentenced defendant to 50 years to life consisting of 25 years to life for the murder with an additional 25 years to life for the firearm enhancement. On March 30, 2023, defendant filed a notice of appeal.