People v. DeRosas CA4/3

Filed 12/23/14 P. v. DeRosas CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G049592

v. (Super. Ct. No. 11CF3037)

JESUS DEROSAS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Carla M. Singer, Judge. Affirmed. Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Robin Urbanski and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Jesus DeRosas and his codefendant Oscar DeRosas were jointly 1 charged with attempted murder (Pen. Code, §§ 664, subd. (a), 187, subd. (a)), assault with a firearm (§ 245, subd. (a)(2)), and street terrorism (§ 186.22, subd. (a)). Defendant was separately charged with possession of a firearm by a felon (former § 12021, subd. 2 (a)(1)), while Oscar was separately charged with possession of a firearm by a probationer. The jury convicted defendant of assault with a firearm, possession of a 3 firearm by a felon, and street terrorism. The jury found true the gang enhancement as to the assault with a firearm and possession of a firearm offenses. (§ 186.22, subd. (b).) Defendant admitted suffering a prior strike conviction and a prior serious felony conviction. The court sentenced defendant to a prison term of 18 years, comprised of eight years for assault with a deadly weapon (double the upper term), five years for the associated gang enhancement, and five years for the prior serious felony conviction. The court stayed execution of sentence for possession of a firearm and street terrorism. On appeal defendant contends insufficient evidence supports his conviction for firearm possession by a felon. We disagree with that assessment and affirm the judgment.