People v. Mora CA2/3

Filed 8/15/14 P. v. Mora CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B248885

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA121351) v.

AARON MANUEL MORA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura R. Walton, Judge. Modified and, as modified, affirmed with directions. Marta I. Stanton, 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, James William Bilderback II and Marc A. Kohm, Deputy Attorneys General, for Plaintiff and Respondent.

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Appellant Aaron Manuel Mora appeals from the judgment entered following his convictions by jury on two counts of attempted willful, deliberate, and premeditated murder (Pen. Code, §§ 664, 187; counts 1 & 2), each with personal use of a firearm, personal and intentional discharge of a firearm, and personal and intentional discharge of a firearm causing great bodily injury (Pen. Code, § 12022.53, subds. (b), (c), & (d)) and count 3 – possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)), with court findings he suffered a prior felony conviction, a prior serious felony conviction, and a prior felony conviction for which he served a separate prison term (Pen. Code, §§ 667, subds. (a) & (d), 667.5, subd. (b)). The court sentenced appellant to prison for two consecutive terms, each consisting of life with the possibility of parole (with a minimum parole eligibility term of 14 years) plus 25 years for a Penal Code section 12022.53, subdivision (d) enhancement, and sentenced him to prison for five years for the Penal Code section 667, subdivision (a) enhancement. The court imposed a concurrent term of four years on count 3. We modify the judgment and, as modified, affirm it with directions. FACTUAL SUMMARY Viewed in accordance with the usual rules on appeal (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence, the sufficiency of which is undisputed, established about 11:30 p.m. on December 2, 2011, Marquis Marshall was at a dance in a warehouse in Gardena. Kenneth Hale, Marshall’s friend, testified as follows. Marshall bumped into appellant. In response, appellant yelled at Marshall. Hale intervened and appellant said he was from Carson. Hale apologized for Marshall and shook hands with appellant. Appellant also said he was from Carson 13. By saying appellant was from Carson 13, he could have been indicating where he lived, could have been indicating he was from a gang, or both. Hale was not a gang member but understood appellant was “gang banging.” Because of Hale’s intervention, appellant calmed down.