People v. Sanchez CA2/3

Filed 6/17/16 P. v. Sanchez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B268205

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA179441) v.

ARTEMIO ESCAMILLA SANCHEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Curtis B. Rappe, Judge. Affirmed. Gloria C. Cohen, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________________

Appellant Artemio Escamilla Sanchez appeals from the order denying his “motion for modification of sentence[,] pursuant to Penal Code § 1202.4, (f)(1)” (some capitalization omitted; hereafter, motion) that he made after the trial court sentenced him to prison following his convictions by jury on count 1 – first degree murder with a special circumstance finding he committed the murder during an attempted robbery and a finding he personally and intentionally discharged a firearm causing death, count 2 – attempted second degree robbery with firearm use, and count 3 – assault with a firearm. (Pen. Code, §§ 187, 190.2, subd. (a)(17)(A), 664/211, 245, subd. (a)(2), 12022.5, subd. (a)(1), 12022.53, subds. (b) & (d).)1 We affirm the order denying appellant’s motion. FACTUAL AND PROCEDURAL BACKGROUND On December 20, 1998, several people left a Christmas party held at a home in a Los Angeles neighborhood in territory claimed by a gang. Appellant and two companions, each a member of the gang, approached partygoers outside the home. Appellant, using a gun, assaulted Valentin Medina and attempted to rob Veronica Velasquez. Julio Nava intervened and initially fought with appellant, but appellant’s companions joined the fight. Nava was thrown to the ground and appellant and his companions repeatedly kicked Nava. Appellant then, with premeditation and deliberation, murdered Nava by shooting him in the head. Evidence was presented that at the time of the shooting, one of appellant’s companions held Nava in a bear hug and appellant raised Nava’s head by his hair. (Sanchez, supra, B144374; see Cal. Rules of Court, rule 8.1115(b)(2).) On May 9, 2000, the jury convicted appellant as previously indicated. On July 14, 2000, the court sentenced appellant to prison on count 1 to life without the possibility of parole for the murder, plus 25 years to life for the firearm enhancement, with a consecutive term of 12 years on count 2 and its firearm enhancement, plus a consecutive