People v. Aytman CA5

Filed 4/11/16 P. v. Aytman 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F069660

v. (Tulare Super. Ct. No. VCF268356)

TORRIAN TERRELL AYTMAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Valeriano Saucedo, Judge. Tanya Dellaca, 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 Gomes, Acting P.J., Kane, J., and Franson, J.

Appellant Torrian Terrell Aytman pled no contest to voluntary manslaughter (Pen. Code, § 192, subd. (a))1 and admitted a gang enhancement (§ 186.22, subd. (b)(1)(C)) and a personal use of a firearm enhancement (§ 12022.5, subd. (a)(1)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY Shortly after midnight on July 30, 2011, Tulare Police Officer Misael Aguayo responded to the location of a shooting and found Orlandis Perkins lying on the ground with several gunshot wounds including one to the left side of his head, one to his abdomen, and one to his back. Perkins was transported to the hospital where he was pronounced dead. At approximately 1:00 a.m. Officer Jess Guzman interviewed N.J. who told her that she had been at a party at an apartment earlier that night that was attended by members of one gang. At approximately 12:00 a.m. she saw Perkins, who was a member of a rival gang, enter the apartment, look around, and leave. Later, N.J. went outside and saw Aytman, who was a member of the gang that was at the party, walking around and “mugging” two members of the rival gang. As Aytman walked away, N.J. saw Perkins run from behind her towards Aytman. She then saw Perkins lunge towards Aytman and heard people telling Aytman to shoot him. Aytman responded by turning around and firing a shot at Perkins. As N.J. ran for cover, she looked back and saw Perkins fall to the ground and Aytman shoot him two or three more times before running away. At approximately 5:00 a.m., N.J. picked Aytman out of a photo lineup as the man she saw shoot Perkins.