People v. Rogers CA6

Filed 2/11/16 P. v. Rogers CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H042120 (Monterey County Plaintiff and Respondent, Super. Ct. Nos. SS110022A, SS110099B, SS130495A) v.

KEVIN ROGERS,

Defendant and Appellant.

Pursuant to a plea agreement that resolved three separate cases, defendant Kevin Rogers pleaded guilty to carrying a loaded firearm (Pen. Code, former § 12031, subd. (a)(1)),1 two counts of voluntary manslaughter (§ 192, subd. (a)), and solicitation of murder (§ 653f, subd. (b)). Defendant also admitted that he had a prior serious felony conviction (§ 667, subd. (a)(1)), which qualified as a strike (§§ 667, subds. (b)-(i), 1170.12), that he personally used a firearm in the commission of one of the voluntary manslaughter counts (§ 12022.5, subd. (a)), that the firearm he carried was stolen (former § 12031, subd. (a)(2)(B)), and that he committed the firearm offense and one of the voluntary manslaughter counts for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). In accordance with the terms of the plea agreement, the trial court imposed a prison term of 63 years.

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

On appeal, defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 that states the case and facts, but raises no issue. We notified defendant of his right to submit written argument on his own behalf within 30 days. The 30-day period has elapsed and we have received no response from defendant. Pursuant to People v. Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following the California Supreme Court’s direction in People v. Kelly, supra, at page 110, we provide a brief description of the facts and the procedural history of the case. FACTUAL AND PROCEDURAL BACKGROUND A. Case No. SS130495A On April 28, 2010, Salinas police officers responded to a report of shots fired and found the victim lying on the ground at an apartment complex. The victim had been shot in the face, chest, and arms, and he died after being transported to the hospital. Witnesses reported having seen the victim interacting with another black male prior to the shooting at a nearby apartment. Police found defendant at that apartment and arrested him, but he was apparently not charged at that time. Defendant was eventually charged with murder (§ 187, subd. (a); count 1) and voluntary manslaughter (§ 192, subd. (a); count 2). The complaint alleged that defendant committed both offenses for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)), that defendant personally used a firearm in the commission of both offenses (§ 12022.5, subd. (a)), and that defendant had a prior conviction that qualified as a strike (§ 1170.12, subd. (c)(1)). Defendant subsequently pleaded guilty to the voluntary manslaughter charge (count 2) and admitted the gang, firearm use, and strike allegations.