People v. Beltran CA5

Filed 12/1/15 P. v. Beltran 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069219 Plaintiff and Respondent, (Super. Ct. No. F13906164) v.

JAIME BELTRAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. W. Kent Hamlin, Judge. Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Detjen, J. and Franson, J.

Jamie Beltran was convicted of the shooting death of Eduardo Diaz Reynoso. He was sentenced to a term of 50 years to life. Appellate counsel advised this court she could not identify any arguable issues in this appeal. After a thorough review of the record, we agree. Accordingly, we will affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY The information charged Beltran with one count of first degree murder (Pen. Code, § 187, subd. (a)),1 and alleged he personally discharged a firearm causing the death of Reynoso (§ 12022.53, subd. (d)). Prior to the preliminary hearing, Beltran made a motion to represent himself pursuant to Faretta v. California (1975) 422 U.S. 806. Beltran completed a waiver form which advised him of the consequences of the decision, and the trial court also reviewed his rights with him. After the preliminary hearing, the trial court again advised Beltran to allow appointed counsel to represent him. Beltran affirmed his desire to represent himself. Santana Santos Garcia testified he had been drinking beer with Reynoso on the day of the murder under a tree near the market. At one point a man carrying a weapon approached and shot Reynoso. Before killing Reynoso, the man said something like “God, forgive me.” The man then shot Reynoso more than once. Garcia claimed he did not see the shooter’s face, but only the end of the gun. Garcia was a very difficult and emotional witness. He claimed he could not remember much of that day because he was intoxicated. Beltran asked Garcia on cross-examination if he was sure that Beltran was the shooter. Garcia testified that he had never pointed Beltran out, and he did not know if he was the shooter. This question was the only cross-examination by Beltran during the entire trial.