People v. Salas CA2/2

Filed 2/4/16 P. v. Salas CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B258518

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA075242) v.

ANDREW JOSHUA SALAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Hayden A. Zacky, Judge. Affirmed.

Stephen Temko, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Margaret E. Maxwell and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Andrew Joshua Salas appeals from the judgment following a jury trial in which he was convicted of first degree murder (Pen. Code, § 187, subd. (a); count 1),1 three counts of attempted willful, deliberate and premeditated murder (attempted murder; §§ 664/187, subd. (a); counts 2-4), and possession of a firearm by a felon (§ 29800, subd. (a)(1); count 6).2 The jury found true the allegations that, as to count 1, defendant personally and intentionally discharged a firearm causing great bodily injury or death (GBI/Death) (§ 12022.53, subd. (d)); as to counts 1 through 4, defendant personally used and intentionally discharged a firearm (§ 12022.53, subds. (b) & (c)) and a principal personally and intentionally discharged a firearm causing GBI/Death (§ 12022.53, subd. (d)); and, as to all counts, the criminal street gang enhancements (§ 186.22, subd. (b)(1)(C)). On each of counts 2 through 4, the jury found not true the allegation defendant personally and intentionally discharged a firearm causing GBI/Death (§12022.53, subd. (d)). He was sentenced to prison on count 1 to 25 years to life, plus a consecutive 25 years to life for the GBI/Death firearm enhancement. On each of counts 2 through 4, the trial court imposed a consecutive sentence of life in state prison, plus a consecutive 25 years to life for the GBI/Death firearm (discharge by principal) enhancement. On count 6, the court imposed the three-year upper term, plus four years for the gang enhancement. Defendant contends the evidence of specific intent to kill is insufficient to support his conviction for the attempted murder of Catarina Strickler charged in count 4. He contends the jury necessarily found Oscar Pantoja was the one who shot Strickler, because the jury found true, as to count 4, the allegation that a principal discharged a firearm causing her great bodily injury but found not true the allegation defendant personally discharged a firearm causing such injury. He further contends not only is the