People v. Suchite CA2/1

Filed 5/30/14 P. v. Suchite CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B249347

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA306421) v.

EDGAR SUCHITE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Sam Ohta, Judge. Affirmed. Kathy Moreno, 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, Paul M. Roadarmel, Jr. and Connie H. Kan, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Edgar Suchite appeals from a judgment of conviction following a jury trial in which he was found guilty of one count of first degree murder and one count of second degree murder. The jury also found true as to both counts allegations that defendant personally and intentionally discharged a firearm which proximately caused the death of the two victims. The court sentenced defendant on count one to life without possibility of parole (LWOP) plus a consecutive term of 25 years to life for the firearm enhancement. The court sentenced defendant on count two to 30 years to life (15 years doubled under the three strikes law) and a consecutive term of 25 years to life for the firearm enhancement. Defendant was sentenced to an additional five years for a prior felony conviction. On appeal defendant argues that the court erred in admitting into evidence his involuntary statements to the police; the prosecutor committed multiple acts of misconduct in closing argument; defense counsel was ineffective in failing to object to that prosecutorial misconduct; and the court erred in sentencing him for the second degree murder. We reject these arguments and affirm the judgment. FACTS AND PROCEEDINGS BELOW Ezequias Guzman testified that at approximately 1:00 a.m. he and his nephews Eric Salvador, Efrain Martinez and Joaquin Lopez drove to a taqueria on Pico Boulevard. As they sat at an outdoor table eating their tacos, defendant and two other men arrived together. While the other men went to order food defendant began shouting that “if somebody wanted to fight with him to stand up and fight with him.” Defendant approached a man who was sitting at a table eating and asked the man: “What are you looking at, you fool?” The man replied that he was not looking at defendant; he was just having dinner. Defendant told the man not to look at him “otherwise I’m going to put two bullets into your head.” Defendant also announced: “I will kill anyone who messes with me.” As defendant said this, Eric Salvador got up from the table and raised his hand to wipe his mouth. Defendant pulled a gun out of his pants pocket and shot Salvador from a distance of three to five feet.