People v. Lewis CA5

Filed 6/26/15 P. v. Lewis CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F068874 Plaintiff and Respondent, (Super. Ct. No. BF150498A) v.

DARREN ALONZO LEWIS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. George L. Cannon, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P. J., Franson, J. and Smith, J.

As a result of a plea agreement, Darren Alonzo Lewis pled no contest to voluntary manslaughter (Pen. Code, § 192, subd. (a))1 and admitted a firearm enhancement (§ 12022.5, subd. (a)). He was sentenced to the agreed-upon term of 21 years in prison. Lewis filed a notice of appeal that included a request for a certificate of probable cause. The certificate asserted, in essence, that Lewis was incompetent to enter a plea in this case as a result of brain damage. The trial court granted the request. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asserting he did not identify any arguable issues in this case. By letter dated June 10, 2014, we invited Lewis to address any issues concerning his appeal that he felt we should address. Lewis did not respond to our letter in a timely fashion.2 Our independent review of the record did not identify any arguable issues in this case. Accordingly, we affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY Lewis was charged with the first degree murder of Leo Johnson, Jr. (§ 187, subd. (a)) and with possession of a firearm by a felon (§ 29800, subd. (a)(1)). The murder count also alleged Lewis personally discharged a firearm, causing death within the meaning of section 12022.53, subdivision (d). The charges arose out of a long and contentious relationship between Lewis and Johnson, who apparently was Lewis’s half-brother. There were two eye witnesses to the shooting, Lewis and Johnson’s mother and a half-brother. Both told the investigating officers that Lewis and Johnson had had a contentious relationship for a number of years and that Lewis shot Johnson after a short argument.