People v. Sauceda CA2/3

Filed 8/14/20 P. v. Sauceda CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B297975

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA108410) v.

JUAN ADOLFO SAUCEDA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard R. Romero, Judge. Affirmed. Janet Uson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

Juan Sauceda appeals from a judgment entered after a plea agreement. Our review is under People v. Wende (1979) 25 Cal.3d 436. According to the preliminary hearing transcript, on January 22, 2018, two men confronted the victim outside a bar. One of the men called the victim a “nigger” and said, “I will shoot you” while pointing a gun at him. The victim walked away but the man with a gun followed him. An investigating police officer was able to identify Sauceda as the man with a gun from video surveillance. Just over a week later, two other police officers were looking for a woman who was related to Sauceda. The officers were in an unmarked vehicle and wearing civilian clothing when they noticed Sauceda on a bicycle who stared intently at them. He pointed a gun at them, so the officers drove away. About a minute later, the officers saw Sauceda at a gas station outside cashier window. Sauceda pointed a gun at the officers’ vehicle. By this time, the officers had removed sweatshirts they had been wearing to reveal their police tactical vests. When the officers got out of their vehicle, Sauceda ran but was immediately detained. The gun was recovered containing six rounds. An information charged Sauceda with five counts of assault with a semiautomatic firearm (Pen. Code,1 § 245, subd. (b)). The information also alleged personal use of a firearm (§ 12022.5). On March 27, 2019, Sauceda pleaded no contest to one count of assault with a semiautomatic firearm and to the personal gun use allegation. The trial court sentenced Sauceda to 13 years in prison, comprised of the high term of nine years on one count plus