People v. Nava CA4/1

Filed 4/18/25 P. v. Nava CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083903, D083923

Plaintiff and Respondent,

v. (Super. Ct. No. SCD297834) DIEGO NAVA,

Defendant and Appellant.

THE PEOPLE,

Plaintiff and Respondent,

v. (Super. Ct. No. SCD297834)

FRANCISCO NAVA,

Defendant and Appellant.

CONSOLIDATED APPEALS from judgments of the Superior Court of San Diego County, Kimberlee A. Lagotta, Judge. Affirmed.

Lizabeth Weis, under appointment by the Court of Appeal, for Defendant and Appellant Diego Nava. Marcia R. Clark, under appointment by the Court of Appeal, for Defendant and Appellant Francisco Nava. No appearance for Plaintiff and Respondent.

Francisco Nava (Francisco) and Diego Nava (Diego) were convicted in a joint trial. The jury found Francisco guilty of two counts of assault with a firearm

(Pen. Code,1 § 245, subd. (a)(2)) and one count of possession of a firearm by a felon. (§ 29800, subd. (a)(1).) On both of the assault counts the jury made a true finding that Francisco personally used a firearm. (§ 12022.5, subd. (a).) In a bifurcated proceeding, the trial court found that Francisco incurred a prior strike (§§ 667, subds. (b)–(i), 1170.12) and a prior serious felony conviction (§ 667, subd. (a)). The jury found Diego guilty of one count of willful deliberate premeditated attempted murder (§§ 187, subd. (a), 189, 664), with further findings that Diego personally and intentionally used, possessed and discharged a firearm causing great bodily injury (§ 12022.53, subds. (b), (c) & (d)); and one count of possessing a machine gun (§ 32625, subd. (a)). Francisco was sentenced to prison for a term of 28 years four months. Diego was sentenced to prison for a term of 32 years to life. Francisco’s appointed appellate attorney and Diego’s appointed appellate attorney have each filed a brief on behalf of their respective clients in which they raise no claims of error and ask us to review the record