People v. Perry CA2/6

Filed 9/29/14 P. v. Perry CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B252617 (Super. Ct. No. TA125812-01) Plaintiff and Respondent, (Los Angeles County)

v.

AHMAD PERRY,

Defendant and Appellant.

Ahmad Perry appeals a judgment following conviction of first degree murder, with findings that he personally discharged a firearm causing death, and that he committed the criminal offense to benefit a criminal street gang. (Pen. Code, §§ 187, subd. (a), 189, 12022.53, subds. (b)-(d), 186.22, subd. (b)(1)(C).)1 We affirm. FACTUAL AND PROCEDURAL HISTORY In the morning of August 20, 2012, Armando (Ulysses) Gongora walked his younger brother K. to school along Lanzit Avenue in South Los Angeles. Perry walked toward them, bumped Gongora, and asked, "Where you from?" Gongora replied, "Sur." Perry then "popped out" a firearm from his waistband and shot Gongora twice in the chest. Gongora collapsed and died from gunshot wounds to his heart and other vital organs. Frightened, K. hid behind a vehicle as Perry ran down the street.

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

K. later described Perry as a tall, thin, dark-skinned African-American, wearing a white shirt with a red and white design in the middle, long gray shorts, and red shoes or shoes with red shoelaces. Shortly after the shooting and several blocks away, Alicia Valadez and her adult son Miguel saw Perry running down 112th Street. Perry wore a sleeveless white shirt with a red design, gray rolled-up pants, and shoes with a red color. Perry's left hand was free but his right hand was tucked underneath his shirt near his waist. Alicia took a photograph of Perry from behind. K. later selected Perry's photograph from a police photographic lineup as "look[ing] like [the shooter] a little bit." Seven months later, K. reviewed the photographic lineup and stated to a defense investigator that he did not recall why he selected Perry's photograph. Perry was known to Los Angeles police officers as an admitted member of the criminal street gang, "Bounty Hunter Bloods." Perry's moniker was "Midnight" and that word was tattooed on his back. A police field identification card dated January 2, 2010, documented Perry's gang membership, moniker, physical characteristics (tall, lean build) and red shoes. Gang enforcement police officer Manuel Moreno testified that the Bounty Hunter Bloods is a large African-American gang in South Los Angeles. Gang members wear the color red, commit violent crimes, including murders, robberies, and rapes, and are "pretty good at their job." The gang consists of 10 to 12 cliques, including the "Shawlots," a reference to a parking lot within the Nickerson Gardens housing project, and "Belhaven," a reference to Belhaven Street. Moreno stated that in 2010 an Hispanic criminal street gang, the "Mid City Stoners," moved into the Bloods' neighborhood. Members of each gang then committed crimes against the other gang. In April 2012, a Mid City Stoners gang member shot admitted Bounty Hunter Bloods gang member DeJuan Becker ("Thugga") in the arm.