P. v. Herrera CA2/8

Filed 7/8/13 P. v. Herrera CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B236620

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA371819) v.

CHRISTOPHER HERRERA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Monica Bachner, Judge. Affirmed.

Alan Stern, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted Christopher Herrera (appellant) of attempted, willful, deliberate, and premeditated murder (count 1; Pen. Code, §§ 664/187, subd. (a));1 and shooting from a motor vehicle (count 2; § 12034, subd. (c)), with allegations as to both counts that the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)).2 We affirm the judgment. FACTS On May 25, 2010, Los Angeles Police Department (LAPD) Officers Rick Corpel and Jose Merida witnessed a drive-by shooting of two pedestrians. The officers followed appellant’s car for about four or five houses waiting for a potential stolen vehicles report. Appellant’s vehicle approached two pedestrians, a male and a female, walking on the sidewalk. Both officers heard gunshots and saw muzzle flashes coming from inside appellant’s car. The male pedestrian fell to the sidewalk and the female pedestrian screamed. Appellant sped off and dropped a gun out of the car. The officers radioed for help and pursued the car with its lights and sirens on. After a short high speed chase, appellant lost control of the car and crashed into parked cars. Appellant fled the vehicle immediately after the crash. Torres stepped out of the car yelling, ―Don’t shoot me. Don’t shoot me. I’ve been shot.‖ The officers took Torres into custody and discovered that he had suffered a gunshot wound inflicted days before. Appellant fled to the home of Santiago M. on South Soto Street. Santiago was an associate of the White Fence gang and his moniker was ―Silent.‖ Appellant knocked on the window and asked Santiago to let him inside. Appellant was breathing hard and appeared as if he had been running. Appellant was bleeding. Santiago heard appellant praying in English but he did not understand what he was saying. Santiago’s sister,