People v. Aguirre CA2/8

Filed 11/24/20 P. v. Aguirre CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B302007

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA457395) v.

MANNY DANIEL AGUIRRE,

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County. William N. Sterling, Judge. Affirmed and remanded with directions. Brad Kaiserman, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Deputy Attorney General, Jaime L. Fuster and Joseph P. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Manny Daniel Aguirre was convicted of second degree murder and being a felon in possession of a firearm and sentenced to 40 years to life in prison. The sole issue presented is whether defendant’s trial counsel was ineffective for failing to move for the suppression of his pretrial statement to an undercover agent. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with one count of murder (Pen. Code, § 187, subd. (a); count 1) and one count of being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 3). (Due to pleading errors, the original count 2 possession charge was realleged as count 3 and count 2 was dismissed.) Firearm use allegations were alleged in connection with count 1 (§ 12022.53, subds. (b)-(d)). A 2013 conviction for attempted first degree burglary was alleged as a strike prior and as a prior serious felony (§ 667, subds. (a)(1), (b)-(j), § 1170.12). The charges arose from the fatal shooting of defendant’s brother-in-law after a quarrel at the family home. Defendant lived with his wife, America, in the front house of a duplex with their four children. America’s two brothers, Francisco and Abraham, and her parents lived in the back house. (Because of the common surname, we refer to the brothers by their first names for clarity.) On the evening of April 10, 2017, defendant got into a loud verbal argument with Francisco and Abraham. They were cursing and calling each other names. The three men walked down the sidewalk away from the family home, still arguing. Moments later, America heard a loud popping sound. She walked down the street a short distance and found Francisco lying on his