People v. Borruel CA2/4

Filed 11/18/24 P. v. Borruel 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B333319

Plaintiff and Respondent, (Los Angeles County Super. Ct. No.BA480148) v.

FRANK BORRUEL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, George G. Lomeli, Judge. Affirmed. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Frank Borruel appeals following a resentencing hearing at which the trial court denied his motion to strike his prior strike convictions pursuant to Penal Code section 13851 and People v. Superior Court (1996) 13 Cal.4th 497 (Romero). His court- appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) to determine whether there are any arguable issues on appeal. Borruel has also filed a letter brief asserting possible error. We conclude there are no issues requiring further review and affirm. BACKGROUND An amended information filed November 4, 2019 charged Borruel with murder (§ 187, subd. (a)), possession of a firearm by a felon (§ 29800, subd. (a)(1)), and accessory after the fact (§ 32). The information alleged gang (§ 186.22, subds. (b)(1)(A), (C)) and principal use firearm enhancements (§12022.53, subds. (b)- (e)(1))). It further alleged that Borruel had three prior strike convictions (§§ 667, subds. (b)-(j), 1170.12, subds. (a)-(d)) and three serious felony convictions (§ 667, subd. (a)) and served a prior prison term (§ 667.5, subd. (b)). On November 27, 2019, a jury acquitted Borruel on the felon in possession charge but found him guilty of second degree murder and accessory after the fact. The jury found the gang and principal use firearm enhancements true. Borruel admitted three prior convictions for assault with a deadly weapon (§ 245, subd. (a)(1)) and related gang allegations (§ 186.22, subd. (b)(1)). At the sentencing hearing on October 5, 2020, the trial