People v. Gonzalez CA2/3

Filed 8/21/20 P. v. Gonzalez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B302275

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA361251-03 v.

ANTHONY GONZALEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robert J. Perry, Judge. Affirmed.

Randy S. Kravis, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

A jury convicted defendant and appellant Anthony Gonzalez of two counts of attempted premeditated murder. We affirmed Gonzalez’s conviction in 2013. (People v. Vasquez et al. (Apr. 11, 2013, B238989) [nonpub. opn.].) In 2019, after Senate Bill No. 1437 (SB 1437) took effect, Gonzalez petitioned for resentencing under Penal Code section 1170.95.1 The trial court found Gonzalez statutorily ineligible for relief and summarily denied his petition. We affirm. Gonzalez asked us to take judicial notice in this appeal of the record in his direct appeal. We granted that request. The facts of Gonzalez’s crimes are not relevant to this appeal; we summarize them very briefly. According to Gonzalez’s brief, victims Gregory Wilborn and his brother Terrence Blackman—both African American—were smoking and talking on a street in Reseda. Gonzalez and his fellow gang member Francisco Vasquez approached the victims. Vasquez pointed a gun at the Black men and said, “Fuck you, nigger.” Vasquez’s gun apparently jammed. Gonzalez, “who also had a gun, ran into the street as if to get a better angle and fired two shots at the brothers as they fled. One of the shots struck Wilborn in the leg. Fortunately for Wilborn, he survived.” Gonzalez and Vasquez “hopped” into a waiting car driven by another fellow member of the Canoga Park Alabama gang. The car “sped off.” The jury convicted Gonzalez of the willful, deliberate, premeditated attempted murders of Wilborn and Blackman. The jury also found true allegations that Gonzalez committed the crimes for his gang, that a principal discharged a firearm causing great bodily injury to Wilborn, and that the attempted murders were hate crimes. The trial court sentenced Gonzalez to 58 years to life.