People v. Yepez CA2/6

Filed 4/28/15 P. v. Yepez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B249483 (Super. Ct. No. F474383) Plaintiff and Respondent, (San Luis Obispo County)

v.

ARMANDO YEPEZ,

Defendant and Appellant.

Armando Yepez appeals a judgment following conviction of first degree murder, attempted premeditated and deliberate murder, street terrorism, and assault with a firearm (three counts), with findings regarding firearm, great bodily injury, and criminal street gang enhancements, and a prior serious felony strike conviction. (Pen. Code, §§ 187, subd. (a), 189, 664, 187, subd. (a), 186.22, subd. (a), 245, subd. (a)(2), 12022.53, subd. (d), 12022.5, subd. (a), 12022.7, subd. (a), 186.22, subd. (b)(1), 667, subds. (b)-(1), 1170.12, subds. (a)-(d).)1 We modify the judgment to reflect imposition of six $40 court security assessments and six $30 criminal conviction assessments, but otherwise affirm. (§ 1465.8, subd. (a); Gov. Code, § 70373.) FACTUAL AND PROCEDURAL HISTORY Yepez is an admitted member of the "18th Street" criminal street gang, a Los Angeles gang with members in San Luis Obispo County. The 18th Street gang members

1 All further statutory references are to the Penal Code unless stated otherwise.

and the "Oceano 13" gang members are rivals. In 2007, Yepez stabbed an Oceano 13 gang member who had "punk[ed]" (disrespected) him. During his subsequent confinement in juvenile hall, Yepez confronted Oceano 13 gang member Michael Nunez; they "were always getting into it" and had "bad interactions." In the fall of 2011, Nunez and a fellow gang member, Ivan Vargas, saw Yepez in an Oceano alley. Vargas and Yepez then physically fought; Vargas knocked Yepez to the ground three times. Before Nunez and Vargas drove away, Yepez threatened, "You know what time it is." Later that day, Nunez saw Yepez sitting in the backseat of an automobile that had pulled in front of him and stopped. Yepez held a handgun that was partially concealed by a T-shirt. Present Criminal Offenses On November 17, 2011, Yepez drove a tan-colored Toyota Avalon automobile that belonged to his girlfriend, Amanda Figueroa. Figueroa, Henry Ramos, and Erik Valdovinos were passengers. In the afternoon, they drove to a Santa Maria Target department store; security footage captured their visit and Figueroa's automobile. Later, Yepez dropped off Valdovinos and Figueroa in Nipomo. Yepez had asked Valdovinos to arrange a cocaine purchase in San Luis Obispo. Yepez and Ramos drove to the Nipomo home of Ramos's brother-in-law, Leon Baltazar, to obtain money. During the drive, Yepez informed Ramos that he had a firearm under the backseat. Yepez asked Ramos to obtain another firearm, gloves, and clothing from Baltazar in order to rob a drug dealer. Baltazar gave them a knife, gloves, money, and clothing, but not a firearm. Yepez and Ramos then drove to Oceano to pick up Yepez's brother, a fellow gang member. Meanwhile, Gabriel S., Joshua R., Ricardo C., Sammy Garcia, and Sammy Mota were playing "pick-up" football on the grounds of Oceano elementary school. When darkness fell, the boys walked to the front of Garcia's apartment building on 21st Street and stood near the mailboxes. As Yepez drove nearby, he saw the boys, stopped the automobile, and directed Ramos to "grab the heat," a .38 Special handgun, from