People v. Galindo CA3

Filed 3/10/14 P. v Galindo CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sutter) ----

THE PEOPLE, C073609

Plaintiff and Respondent, (Super. Ct. No. CRF11-0245)

v.

MARTIN ANTHONY GALINDO,

Defendant and Appellant.

Defendant Martin Anthony Galindo pleaded no contest to attempted murder and admitted the use of a firearm during the offense in exchange for a negotiated plea agreement of 17 years in state prison. This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and we provide the following brief description of the facts and procedural history of the case (see People v. Kelly (2006) 40 Cal.4th 106, 110, 124). Having reviewed the record as required by Wende, we shall affirm the judgment.

1

FACTUAL AND PROCEDURAL BACKGROUND

On January 31, 2011, Troy Robinson approached a van parked in the parking lot of the Palisades Hotel in Yuba City. He knew the owner of the van, Steve Smith. As Robinson spoke with Smith, defendant approached the van and began acting “belligerent.” Defendant was yelling at Smith; Robinson told defendant to leave. Initially, defendant refused but soon left the parking lot only to return about 20 minutes later. When defendant returned, he seemed angry. Robinson remembered seeing defendant with a small handgun, and then nothing until he awoke from a coma in the hospital.

An investigation revealed two witnesses heard gunshots and both saw a man flee the scene. A third witness saw defendant walking away from the van after the shots were fired while everyone else was running; that witness thought defendant was trying not to attract attention.

Law enforcement interviewed defendant shortly after the shooting. Defendant appeared intoxicated. He said a 30-year-old man near the van was challenging everyone to a fight but defendant did not engage him. Defendant also said he heard shooting from inside the van. He also told law enforcement the men inside the van had stolen a bottle of whiskey from him earlier that day. Defendant was taken to the hospital by law enforcement for a blood draw. During that drive, defendant told the transporting officer that he shot Robinson because Robinson owed him $20.