People v. Guerrero-Trevino CA2/3

Filed 5/28/25 P. v. Guerrero-Trevino CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B336213

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA515810 v.

ISHMAEL JOSHUA GUERRERO-TREVINO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Alison S. Matsumoto, Judge. Affirmed.

Adrian K. Panton, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

Ishmael Joshua Guerrero-Trevino appeals from the trial court’s execution of a suspended prison sentence. The court found—after a formal hearing at which appellant testified— that he had violated the terms of his probation by committing another offense. Appellant’s counsel has asked us independently to review the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. Los Angeles Police Department Detective Ricardo Gonzalez testified at the preliminary hearing. According to Gonzalez, a man named Jerome Rubi was playing basketball at a 24-Hour Fitness gym on September 19, 2022. Rubi was using his cell phone to record himself playing basketball when a man— later identified as appellant—took Rubi’s phone. Appellant also punched and kicked Rubi. The People charged appellant with the second degree robbery of Rubi. The People alleged appellant had a prior strike for dissuading a witness by force or threat in violation of Penal Code section 136.1, subdivision (c)(1).1 The People also alleged two aggravating factors under rule 4.421(b) of the California Rules of Court: that appellant engaged in violent conduct indicating a serious danger to society, and that he had served a prior term in prison or jail. On August 3, 2023, appellant entered into a plea agreement with the prosecution. The prosecution amended the information to add a second count for assault by means of force likely to cause great bodily injury under section 245, subdivision (a)(4). Appellant pleaded no contest to the charge and admitted the aggravating factors. In accordance with the parties’ agreement, the court sentenced appellant to the upper