People v. Acosta CA2/7

Filed 3/23/21 P. v. Acosta CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B306034

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA451969-01) v.

ANDY BRIAN ACOSTA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Henry J. Hall, Judge. Affirmed. Robert L.S. Angres, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________

Andy Brian Acosta appeals from the judgment entered following a resentencing hearing ordered by this court in Acosta’s prior appeal (People v. Acosta (Nov. 18, 2019, B287760) [nonpub. opn.]). No arguable issues were identified by Acosta’s appointed appellate counsel after his review of the record. We also have identified no arguable issues after our own independent review of the record. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. The Charges Acosta was charged in an information with the first degree murder of Danny Chea (Pen. Code, § 187, subd. (a);1 count 1), the attempted premeditated murder of Amber Campos (§§ 187, subd. (a), 664; count 2), assault with a firearm of Abel R. (§ 245, subd. (a)(2); count 3), unlawful possession of a firearm (§ 29800, subd. (a)(1); count 4) and shooting at an occupied motor vehicle (§ 246; count 5). The information alleged Acosta had committed all five offenses for the benefit of a criminal street gang. (§ 186.22, subd. (b).) The information also specially alleged as to counts 1 and 5 Acosta had personally and intentionally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)), as to count 2 he had personally and intentionally discharged a firearm (§ 12022.53, subd. (c)) and as to count 3 he had personally used a firearm (§ 12022.5, subd. (a)). 2. The Shooting In October 2016 Chea and Campos were in a long-term romantic relationship. Chea was a member of the Lincoln Heights criminal street gang. On October 24, 2016 Chea drove Campos to pick up Campos’s son, Abel, from elementary school. Inside the