People v. Zepeda CA2/1

Filed 7/29/16 P. v. Zepeda CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B262734

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA415199) v.

RYAN ZEPEDA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Monica Bachner, Judge. Affirmed. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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A jury convicted appellant Ryan Zepeda of two counts of attempted premeditated, deliberate, and willful murder, and found that he committed the crimes in association with a criminal street gang. (Pen. Code, §§ 664, 187, subd. (a), 186.22, subd. (b)).1 The jury further found that he personally used and discharged a firearm, causing great bodily injury to the victims. (§ 12022.53, subd. (d)). The court sentenced appellant to consecutive terms of life, with a minimum of 15 years pursuant to the gang enhancement, plus 25 years for the personal use enhancement. Appellant appealed. We appointed counsel to represent appellant. Counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues on appeal and requesting that we independently review the record to determine if the lower court committed any error. We directed appointed counsel to send immediately the record on this appeal and a copy of the opening brief to appellant, and we notified appellant that within 30 days from the date of the notice he could submit by brief or letter any grounds of appeal, contentions, or argument he wished us to consider. Appellant filed a supplemental brief raising several issues, which we address below, and requesting new appellate counsel. STATEMENT OF FACTS In the afternoon of July 25, 2013, Mario Gonzalez drove with his friend, Oscar Munoz, to Munoz’s house. The house was within territory claimed by the Krazy Ass Mexicans, or KAM, gang. KAM territory is adjacent to area claimed by a rival gang, Big Hazard. As they pulled into Munoz’s driveway a red or burgundy Lexus with gold trim drove past them, made a U-turn, and stopped behind them. A passenger in the Lexus got out of the car and approached Gonzalez’s car. He wore a gray, hooded sweatshirt with a U.S.C. logo. He asked Gonzalez and Munoz where they were from; they replied that they were not from anywhere. The man said “Fuck KAM,” or told Gonzalez and Munoz to say, “Fuck Kam,” then shot both men several times. Munoz was shot in his face, arm, and back. Gonzalez was shot three times in his arm. One bullet passed through Gonzalez’s arm and lodged in his chest. They both survived.