People v. Santana CA5

Filed 2/5/15 P. v. Santana CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, F066525

v. (Super. Ct. No. F11904674)

RAMIRO SANTANA, JR., OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Edward Sarkisian, Jr., Judge. Rita Barker, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine B. Chatman and Chung Mi (Alexa) Choi, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Gomes, Acting P.J., Poochigian, J., and Detjen, J.

Appellant, Ramiro Santana, Jr., pled no contest to voluntary manslaughter (count 1/Pen. Code, § 192, subd. (a))1 and assault with a deadly weapon (count 2/§ 245, subd. (a)(1)) and admitted a personal use of a knife enhancement in count 1 (§ 12022, subd. (b)(1)). In a separate proceeding the court found true a gang enhancement in count 1 (§ 186.22, subd. (b)(1)). On January 18, 2013, the court sentenced Santana to prison for an aggregate term of 22 years: the upper term of 11 years on his voluntary manslaughter conviction, a one-year term for the use of a knife enhancement in that count, a 10-year gang enhancement in that count, and a concurrent upper term of four years on his assault conviction. On appeal, Santana contends the evidence is insufficient to sustain the court’s true finding on the gang enhancement. We affirm. FACTS On March 25, 2011, at approximately 2:15 p.m. on Kings Canyon Road in Fresno, Sebastian Cruz, Juan Lopez, and 17-year-old Santana, became involved in a fight with Junior Villarreal and Juan Garcia. During the fight, Santana pulled out a knife and stabbed Villarreal in the chest, mortally wounding him. On March 6, 2012, the district attorney filed a first amended complaint charging Santana with the murder of Villarreal (count 1/§ 187, subd. (a)), the assault with a deadly weapon of Garcia (count 2), street terrorism (count 3/§ 186.22, subd. (a)), a personal use of a knife enhancement in count 1, and a gang enhancement in counts 1 and 2. Also on March 6, 2012, as part of a plea bargain, Santana pled no contest to an amended charge of voluntary manslaughter in count 1 and assault with a deadly weapon in count 2 and he admitted the arming enhancement in count 1. In exchange for his plea