People v. Uribe CA3

Filed 6/21/16 P. v. Uribe CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C080470

Plaintiff and Respondent, (Super. Ct. No. SF127154A)

v.

GABRIEL MARMALEJO URIBE, JR.,

Defendant and Appellant.

Appointed counsel for defendant Gabriel Marmalejo Uribe, Jr., has asked us to review defendant’s conviction pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have reviewed the record provided to us and find no error that would result in a disposition more favorable to defendant. Accordingly, we affirm.

1

BACKGROUND On February 21, 2014, defendant and his cohort Usman Nusrat Khan rang the doorbell of the home of Farhat Naseem. Naseem was present as were her two toddler grandchildren and her daughter Aleena Munawar. When Naseem opened the door, Khan pointed a gun at her and forced his way into the house. He made Naseem sit on the sofa next to her granddaughter and demanded money and jewelry. Naseem removed her bracelets and ring and gave him money. Khan handed the gun to defendant, who pointed the gun at Naseem while Khan went upstairs. Munawar was upstairs with the grandson when she heard the commotion and her mother screaming and crying downstairs. Munawar looked downstairs and saw two men in hoodies. She then went into her room, locked the door, and called 911. Munawar heard drawers opening and things being moved. Khan kicked in her door and Munawar recognized him from high school. Khan demanded money and jewelry. Munawar said she had neither in the house. As Khan searched the upstairs, Munawar went downstairs, where defendant pointed the gun at her and directed her to sit next to Naseem on the sofa. Defendant then pointed the gun at Naseem, who was crying. Defendant told Khan to hurry up and Khan came downstairs. Khan took Naseem’s purse from the kitchen but left it there when Munawar told him there were medical papers in the purse. Defendant and Khan then started out the front door, but the police had arrived. Defendant fled through the house and out of the back door, dropping the loaded gun inside the house. Officers found him hiding inside a garbage can; he resisted as they tried to take him into custody. Police found an iPhone and several gold rings on him. Defendant and Khan had taken a bracelet, rings, and an iPhone from the house. At the preliminary hearing, Munawar and Naseem both testified. Defendant’s attorney cross-examined Munawar, objected during Naseem’s testimony (to nonresponsive answers), and cross-examined the officer who identified the gun. Defendant did not testify. The resulting information, after amendment, charged