People v. Ruiz CA2/7

Filed 7/27/15 P. v. Ruiz CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B257667

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA052133) v.

ANTONIO RUIZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Steven R. Van Sicklen, Judge. Affirmed.

Antonio Ruiz, in pro. per.; Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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FACTUAL AND PROCEDURAL BACKGROUND In 2002 defendant Antonio Ruiz shot at several homes while driving through the city of Lawndale and then demanded “money and gold” at gunpoint from a man sitting in his car outside a convenience store. When the man refused, Ruiz threatened to shoot him in the head. After waiving his right to a jury trial, Ruiz pleaded guilty to seven counts: (1) criminal threats (Pen. Code,1 § 422); (2) assault with a firearm (§ 245, subd. (a)(2)); (3) attempted second degree robbery (§§ 211, 664); (4) shooting at an inhabited dwelling (§ 246); (5) possession of a firearm by a felon (former § 12021, subd. (a)(1));2 (6) possession of a narcotic with a firearm (Health & Saf. Code, § 11370.1, subd. (a)); and (7) possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). Ruiz also admitted allegations he personally used a firearm in the commission of the crimes charged in counts 2 and 3 (§ 12022.5, subd. (a)), he personally used a handgun in the commission of the crime charged in count 3 (§ 12022.53, subds. (b) & (e)(1)), a principal was armed with a firearm in the commission of the crime as to counts 3 and 4 (§ 12022, subd. (a)(1)); and the crimes charged in counts 1 through 4 were committed for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)). Finally, Ruiz admitted he had suffered one prior serious felony conviction within the meaning of section 667, subdivision (a)(1), and the three strikes law (§§ 667, subds. (b)-(i), 1170.12)3 and he had served two prior prison terms for felonies (§ 667.5, subd. (b)).