People v. Rosas CA3

Filed 10/3/14 P. v. Rosas CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sutter) ----

THE PEOPLE, C074861

Plaintiff and Respondent, (Super. Ct. No. CRF111674)

v.

MIGUEL ANGEL HUERTA ROSAS,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

FACTUAL AND PROCEDURAL BACKGROUND1 Defendant Miguel Angel Huerta Rosas pleaded no contest to second degree murder. (Pen. Code, §§ 187, subd. (a), 189.)2 In exchange, a gang enhancement (§ 186.22, subd. (b)(1)(C)) and a count of street gang participation (§ 186.22, subd. (a)) were dismissed. Defendant waived preparation of a probation report and requested immediate sentencing. Defendant was sentenced to prison for 15 years to life, awarded 759 days’ custody credit and no conduct credit, and ordered to pay a $5,000 restitution fine (§ 1202.4), a $5,000 restitution fine suspended unless parole is revoked (§ 1202.45), a $40 court operations fee (§ 1465.8, subd. (a)(1)), and a $30 court facilities assessment (Gov. Code, § 70373). The last two items were described orally as “a $70 conviction assessment.” Defendant obtained a certificate of probable cause. On July 24, 2011, defendant and two companions, Carlos Flores and Hector Baca, arrived at a Sutter County convenience store and gas station. The victim, Isaias Herrejon, arrived at the store around the same time. Herrejon purchased beer and Baca purchased a cigar. All four men left the store. Defendant and his companions were members of the Surenos criminal street gang. While enroute to the store, Flores had criticized defendant for being insufficiently active within the gang. Evidently in response, defendant and Baca called out to Herrejon and asked him if he belonged to a street gang. Herrejon said that he did not belong to a gang. Defendant began to pursue Herrejon. Flores soon joined defendant in the pursuit. According to eyewitnesses, the pursuit extended around the store’s exterior. An