People v. DelReal CA2/1

Filed 10/31/14 P. v. DelReal CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B249636

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA098112) v.

MIGUEL DELREAL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Mike Camacho, Judge. Convictions affirmed; remanded for resentencing. Edward Mahler, 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 Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent.

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Miguel DelReal appeals from his convictions of two counts of attempted murder, two counts of assault with a semiautomatic firearm and accompanying gang and firearm sentence enhancements.1 We affirm the convictions and remand the cause to the trial court to vacate the gang enhancements and resentence DelReal accordingly. FACTS AND PROCEEDINGS BELOW DelReal approached Cindy Chavez as she sat in a car on Magnum Street in Baldwin Park, an area claimed by the East Side Bolen Parque gang (BP gang). DelReal “hit her up” by announcing: “This is Varrio East Side Bolen Parque; they call me Chapitas; this is my street.” Chavez told DelReal she didn’t “gangbang” and to leave her alone. Chavez then ignored DelReal and he eventually walked away. Later the same month DelReal approached Chavez as she sat in a car on the same street conversing with a friend. DelReal told Chavez to “get the fuck out of his street” and announced that he was from the BP gang. Chavez told DelReal to leave her and her friend alone. DelReal retorted that they were on “his block, his neighborhood” and told Chavez “you need to leave.” Chavez got out of the car and approached DelReal. She told him to “grow up.” As she turned to walk away, DelReal struck her with his hand behind her left ear. Chavez turned back and confronted DelReal who ran away. Chavez followed him and challenged him to a fight saying, “You hit like a bitch, let’s box.” DelReal ran into a nearby house and returned with a small knife and began chasing Chavez. Chavez stopped running and began swinging at DelReal with her fists as he swung at her with the knife. The fight ended without injuries to either party. Four days later Chavez was driving a car with Mitch Rodriguez as her passenger when she saw DelReal standing on Magnum Street. She told Rodriguez that DelReal was the one who had tried to stab her and asked Rodriguez if he had seen him as they drove by. Rodriguez said he hadn’t so Chavez made a U-turn and drove back to where DelReal was standing. Chavez pointed to DelReal as she drove past. DelReal, who was standing