P. v. Enriquez CA2/8

Filed 7/12/13 P. v. Enriquez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

B242980 THE PEOPLE, (Los Angeles County Plaintiff and Respondent, Super. Ct. No. KA095961)

v.

JESSE ENRIQUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Juan Carlos Dominguez, Judge. Affirmed.

Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

________________________

Defendant Jesse Enriquez was charged by amended information with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(2); count 1), and with being a felon in possession of a firearm (§ 12021, subd. (a)(1); count 5). The information also included gang and two prior strike allegations (§ 186.22, subd. (b)(1)(A) & (B), § 667, subd. (a)(1), 667.5, subd. (b)).1 The jury found defendant guilty of both counts and found all special allegations to be true. The trial court denied defendant’s Marsden2 and Romero3 motions. Defendant was sentenced to an aggregate term of 64 years to life, consisting of 25 years to life for count 1, plus a determinate term of 5 years under section 667, subdivision (a)(1), and 5 years under section 186.22, subdivision (b)(1)(B). He received a consecutive term of 25 years to life on count 5, plus an additional four-year term under section 186.22, subdivision (b)(1)(A). Defendant appeals his conviction. We appointed appellate counsel to represent him. Appointed counsel filed a brief in which no issues were raised. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The brief included a declaration from counsel that counsel reviewed the record and advised defendant of his right, under Wende, to submit a supplemental brief. Defendant did not file a supplemental brief with this court. The facts are these: On the morning of October 29, 2011, D.A., who was confined to a wheelchair, was retrieving something from the trunk of his Volvo. The Volvo was parked in front of his wife’s grandmother’s home on Carlton Avenue in Pomona. A group of eight or nine young African-American men were gathered across the street. D.A. heard one of the young men say something, and when he looked up, they were all running. D.A. saw a car driving down the street. A gun was sticking out the driver’s side passenger window. The car stopped and two “Mexican” men got out. One of them started shooting towards the group of African-American men. Bullets hit D.A.’s truck, which was parked in front of his Volvo. D.A. was unable to identify defendant in court.