People v. Bravo CA3

Filed 10/30/13 P. v. Bravo CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C071350

v. (Super. Ct. No. 10F02227)

RAMON BRAVO,

Defendant and Appellant.

Following a jury trial, defendant Ramon Bravo was convicted of attempted murder (Pen. Code, §§ 664/187, subd. (a))1 and discharge of a firearm from a motor vehicle (former § 12034, subd. (c)),2 with a gang enhancement (§ 186.22, subd. (b)(1)) and a personal discharge of a firearm causing great bodily injury enhancement (§ 12022.53, subds. (b)-(e)). The trial court sentenced defendant, as an aider and abettor, to serve consecutive terms of seven years for attempted murder and 25 years to life for the firearm enhancement.

1 Undesignated statutory references are to the Penal Code. 2 Effective January 1, 2012, former section 12034 was repealed and reenacted without substantive change as section 26100. (See §§ 16000, 16005; Stats. 2010, ch. 711, §§ 4, 6.) Subsequent statutory references are to the code provisions in effect at the time of the offense.

1

On appeal, defendant contends there is insufficient evidence to support his convictions for attempted murder and discharging a firearm from a motor vehicle. We conclude substantial evidence supports defendant’s convictions and affirm the judgment. The Victim’s Testimony On the morning of April 3, 2010, Juan Alvarado, a member of the Norteño gang, started walking from his girlfriend’s house on Taft Street to his father’s home on Berggren Street, about five blocks away. As Alvarado turned onto Berggren Street, a car drove up, stopped, and Alvarado was shot by the man in the front passenger seat. Alvarado was hit once in the abdomen, sustaining life-threatening injuries. Defendant was the driver. The passengers were: Gerardo Villasenor, Narciso Guzman, and Roberto Padilla. The occupants of the car were members of the Sureño gang. At trial, Alvarado testified he was walking with his head down “half asleep” when he heard a screeching sound, as if someone driving a car was slamming on the brakes. He then heard a gunshot, looked up, and saw heads in the car. Alvarado was walking north, while the car traveled south on Taft Street. The car took off after he was shot. Alvarado initially denied knowing who shot him, but later identified Villasenor (codefendant) as the shooter.3 Codefendant was about 25 feet from Alvarado when he was shot.4 Alvarado attended sixth and seventh grades with codefendant, and knew codefendant’s brother. As a Norteño, he was not supposed to snitch against others, even members of a rival gang like the Sureños. A police officer responding to the incident found Alvarado in the backyard of a nearby residence. Among the items worn by Alvarado were a red belt with the letter “N” on the buckle and black and red shoes. Alvarado said he was walking outside when he