People v. Parrilla CA2/6

Filed 4/28/14 P. v. Parrilla CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B248445 (Super. Ct. No. 2012020909) Plaintiff and Respondent, (Ventura County)

v.

CHRISTIAN PARRILLA,

Defendant and Appellant.

Christian Parrilla appeals a judgment following conviction of assault with a firearm, with findings of personal firearm use, infliction of great bodily injury, and commission of the crime to benefit a criminal street gang. (Pen. Code, §§ 245, subd. (a)(2), 12022.5, subd. (a), 12022.7, subd. (a), 186.22, subd. (b)(1).)1 We affirm. FACTS AND PROCEDURAL HISTORY In the early morning of July 24, 2011, Justin Steele, a member of the tagging crew "DA," spray-painted graffiti on the side of a truck parked in the parking lot of Mi Puebilito market in Santa Paula. When he heard "fast paced" footsteps behind him, he dropped the paint can and ran across the parking lot. As he ran, he heard four gunshots and realized that he had been shot in the leg and foot. Steele entered the back door of a social hall and stated to the cleaning crew that he had been shot. The employees offered first aid and summoned emergency medical assistance.

1 All further statutory references are to the Penal Code unless stated otherwise.

A neighbor heard the gunshots that morning and saw one person run into the social hall and another person, a thin man of medium height, run away. Mi Puebilito market had outside surveillance cameras that recorded the parking lot shooting. The recordings reflected a man tagging a truck in the parking lot by writing over existing graffiti. Another man approached, chased the tagger, and raised his right arm to shoot him. The recordings reflected "muzzle flashes" from the firearm. The victim fell and the shooter turned and ran away. Santa Paula Police Officers Kenneth Clark, Matthew Alonzo, John Coffelt, and Hector Ramirez viewed the recordings and recognized Parrilla as the shooter, based upon their prior police contacts with him. At trial, the parties stipulated that Parrilla was an active member of the criminal street gang "12th Street Locos," and his moniker was "Krispy." Alonzo testified that he had served as a gang investigator for the Santa Paula police department and knew Parrilla from three or four prior contacts. He stated that 12th Street Locos claimed the area of Mi Puebilito market. Alonzo opined that tagging by a rival gang member in the 12th Street Locos neighborhood "would be perceived as disrespect." The disrespect would invite an "immediate response," including criminal assault, which would benefit the criminal street gang. On August 10, 2011, Ventura County sheriff's deputies searched Parrilla's residence pursuant to a search warrant. In his bedroom, they discovered gang graffiti and a newspaper article reporting the shooting of Steele. Parrilla's friends and relatives testified at trial that, in their opinion, the man shooting at the tagger in the videorecording was not Parrilla. Parrilla's girlfriend also testified that he spent the morning of the shooting with her at her nearby apartment. The jury convicted Parrilla of assault with a firearm, and found that he personally used a firearm, inflicted great bodily injury upon his victim, and committed the crime to benefit a criminal street gang. (§§ 245, subd. (a)(2), 12022.5, subd. (a), 12022.7, subd. (a), 186.22, subd. (b)(1).) The jury could not agree upon a charged count of attempted murder.