People v. Madrigal CA5

Filed 1/21/25 P. v. Madrigal 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F087995 Plaintiff and Respondent, (Super. Ct. No. F19903348) v.

JAIRO GUADALUPE MADRIGAL, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jeffrey Y. Hamilton, Jr., Judge. Robert H. Derham, 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 Levy, Acting P. J., Franson, J. and Meehan, J.

Appointed counsel for defendant Jairo Guadalupe Madrigal has asked this court to conduct an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Finding no arguable error that would result in a disposition more favorable to Madrigal, we affirm the judgment. BACKGROUND The facts, taken from the probation report, are as follows. “On May 17, 2019, at approximately 7:02 p.m., officers were dispatched to Church Avenue and Sarah Street regarding a traffic collision and shooting victim. Upon arrival, officers observed a silver Mazda, which was missing the front bumper, stopped on the eastbound lane of Church Avenue and Sarah Street. Inside the vehicle, officers observed the victim, later identified as David Martinez Corona (age 27), in the driver’s seat with his head resting on the headrest. David’s head was bleeding from a gunshot wound. He also had a gunshot wound to the back of his left shoulder. Emergency Medical Services (EMS) arrived on scene and pronounced David deceased at 7:08 p.m. “During the search of the area, officers discovered two expended .40 caliber shell casings, one located on the eastbound lane on Church Avenue and the second located in a dirt field south of Taylor Avenue. David’s vehicle was observed to have the front and rear driver’s side window shattered, the driver’s side rear view mirror broken, the front bumper missing, the front window shield cracked, and the passenger side rear tire flat. The bumper was located near a metal light pole. “Officers contacted witness, Tim C., who informed them he was a friend of David. Tim stated he was sitting in his vehicle at the AM/PM, at approximately 6:50 p.m., when he observed David enter the AM/PM store. Tim noticed two males, later identified as … Madrigal and Daniel Ray Solorio, enter the store and begin to stare at David. When David left the store, got into his Mazda, and began to drive away, Madrigal and Solorio followed. They entered their vehicle (Chevy Silverado) and followed David in their vehicle. Tim stated when he began to drive his vehicle towards his motel he heard