People v. Mercado CA2/2

Filed 5/6/14 P. v. Mercado CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B243894

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA378007) v.

PIERRE A. MERCADO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Curtis B. Rappe, Judge. Affirmed in part, reversed in part, and modified with directions in part.

Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Shawn McGahey Webb and Rene Judkiewicz, Deputy Attorneys General, for Plaintiff and Respondent.

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In a first amended information, the Los Angeles District Attorney’s Office charged defendant and appellant Pierre A. Mercado with five counts of attempted murder (Pen. Code, §§ 664/187, subd. (a); counts 1, 2, 6, 7, & 12),1 two counts of conspiracy to commit murder (§ 182, subd. (a)(1); counts 4 & 8), four counts of murder (§ 187, subd. (a); counts 5, 9, 10, & 11), one count of kidnapping for robbery (§ 209, subd. (b); count 3), and one count of kidnapping for extortion (§ 209, subd. (a); count 13). It was also alleged that appellant committed the attempted murders charged in counts 1, 2, 7, and 12 willfully, deliberately, and with premeditation within the meaning of section 664, subdivision (a). As to counts 1 through 3 and 13, the information further alleged that appellant personally used a firearm, a handgun, within the meaning of section 12022.5, subdivision (a). As to all counts, it was alleged that appellant committed the crimes for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further, and assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)). During the prosecutor’s case-in-chief, the prosecutor moved to dismiss the conspiracy counts (counts 4 & 8). The trial court granted the motion. The jury found appellant guilty of the remaining counts. It also determined that appellant committed counts 1, 2, 6, 7, and 12 willfully, deliberately, and with premeditation (§§ 664/189), that all of appellant’s crimes were gang-related (§ 186.22, subd. (b)(1)), and that appellant personally used a handgun in committing the crimes charged in counts 1, 2, 3, and 13 (§ 12022.5, subd. (a)). The trial court sentenced appellant to consecutive terms of 25 years to life in prison on each of the murder counts and consecutive indeterminate terms of life on the attempted murder and kidnapping for robbery counts. Appellant was also sentenced to the consecutive midterm of two years in prison on each of the 11 gang enhancements, and subjected to a minimum parole eligibility period of 15 years. He was sentenced to the consecutive midterm of four years in prison on the three firearm enhancements. The trial