P. v. McConnell CA2/2

Filed 7/18/13 P. v. McConnell CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B243017

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA088369) v.

RONNIE McCONNELL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Tomson T. Ong, Judge. Affirmed as modified.

Allison H. Ting, 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, Victoria B. Wilson and Brendan Sullivan, Deputy Attorneys General, for Plaintiff and Respondent.

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Appellant Ronnie McConnell appeals from a judgment entered after a jury convicted him of two counts of premeditated attempted murder (Pen. Code, §§ 664/187, subd. (a))1 and found true the allegation that he personally used and intentionally discharged a firearm that caused great bodily injury (§§ 12022.53, subd. (d), & 12022.5, subd. (a)). In a bifurcated proceeding, appellant admitted allegations that he had suffered one prior prison term (§ 667.5, subd. (b)) and a felony conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), & 1170, subds. (a)-(d)), which was also a serious felony pursuant to Penal Code section 667, subdivision (a). The trial court sentenced appellant to a term of 75 years to life in prison. On count 1, appellant was sentenced to the base term of seven years to life doubled pursuant to the Three Strikes law, plus consecutive terms of 10 years for the firearm enhancement (§ 12022.5, subd. (a)), five years for the prior serious felony conviction (§ 667, subd. (a)(1)), and one year for the prior prison term (§ 667.5, subd. (b)). On count 2, appellant was sentenced to the base term of seven years to life doubled pursuant to the Three Strikes law, plus consecutive terms of 25 years to life for the firearm enhancement (§ 12022.53, subd. (d)), five years for the prior serious felony conviction (§ 667, subd. (a)(1)), and one year for the prior prison term (§ 667.5, subd. (b)). The court imposed a $1,000 assessment pursuant to Penal Code section 1464 and Government Code section 76000. Appellant contends (1) the trial court erroneously admitted, over defense counsel’s objection, irrelevant, inflammatory, and cumulative gang evidence; (2) the imposition of the assessment in the amount of $1,000 was unauthorized; and (3) the reference to Penal Code section 667.61 in the abstract of judgment must be stricken. We disagree with the first of these contentions but agree with the others. Accordingly, we will modify the judgment to strike the unauthorized assessment and the reference to Penal Code section 667.61, and affirm the judgment as modified.