People v. Renteria CA2/8

Filed 11/26/14 P. v. Renteria CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B253034

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA382978) v.

JOSE RENTERIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed. Verna Wefald, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Victoria B. Wilson and Jessica C. Owen, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted defendant and appellant Jose Renteria of attempted premeditated murder, with findings that he used a deadly weapon and that he committed the offense for the benefit of a criminal street gang. The trial court sentenced Renteria to a term of life, with a minimum parole period of 15 years for the gang enhancement, plus one year for the deadly weapon enhancement. We affirm. FACTS In September 2011, Renteria was in custody in the Los Angeles County Men’s Central Jail.1 On September 9, 2011, Renteria got out of his cell and ran into a nearby shower area where he used a “shank” made with a razor blade to slash another inmate repeatedly. At the time of the attack, the victim inmate was about to be escorted from the shower area back to his cell, and, in accord with normal jail procedures for moving prisoners, was handcuffed behind his back. The victim inmate was a “cooperator” in investigations into activities of the Surenos and Mexican Mafia gangs in the jail system. Renteria’s appeal does not challenge that substantial evidence showed he was an active functionary of the Surenos gang, and that he committed the attack for the benefit of the gang. In late 2011, the People obtained and filed an indictment charging Renteria with attempted murder (§§ 187, subd. (a); 664), with an allegation of premeditation, and with allegations that he personally used a deadly weapon (§ 12022, subd. (b)(1), and that he committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)). The case was tried to a jury in November 2013.