P. v. Zepeda CA2/7

Filed 7/30/13 P. v. Zepeda CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B244461

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA077725) v.

JOSE MAURICIO ZEPEDA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Antonio Barreto, Jr., Judge. Dismissed. Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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After Deyvi Herrera died as a result of multiple gunshot wounds, Jose Mauricio Zepeda told the police that on April 2, 2010, he and Herrera, a fellow gang member, planned on shooting some rival gang members in an alley in Torrance. They were driven to the alley by Xenia Zambrano, who was to wait for them in the car. In the ensuing confrontation, Zepeda and Herrera were both shot. Zambrano transported them to the hospital. Zepeda was charged in an information with the first degree murder of Herrera (Pen. Code, §§ 187,subd. (a), count 1),1 and the attempted willful, deliberate and premeditated murder of John Doe (§§ 187,subd. (a), 664, count 2). As to both counts, the information specially alleged firearm-use enhancements under section 12022.53 and a criminal street gang enhancement under section under section 186.22, subdivision (b).2 Appearing with appointed counsel, Zepeda agreed to enter a negotiated plea of no contest to an amended count of voluntary manslaughter (§ 192, subd. (a)), and to admit newly alleged firearm-use (§12022.5, subd. (a)) and criminal street gang (§ 186.22, subd. (b)(1)(C)) enhancement allegations. In return, Zepeda was to be sentenced to an aggregate state prison term of 26 years and the remaining counts and special allegations were to be dismissed. The record of the plea hearing established Zepeda was advised of and waived his constitutional rights and was advised of and acknowledged he understood the consequences of his plea. Counsel stipulated to a factual basis for the plea. The trial court found appellant had knowingly, voluntarily and intelligently waived his constitutional rights and entered his no contest plea. In accordance with the plea agreement, Zepeda was sentenced to an aggregate state prison term of 26 years, consisting of the middle term of six years for voluntary manslaughter, plus ten years for the criminal street gang enhancement, plus ten years for the firearm-use enhancement.