People v. Sanchez CA2/8

Filed 5/5/21 P. v. Sanchez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B307937

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA444044-01) v.

JESSE ARMANDO SANCHEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lisa B. Lench, Judge. Affirmed.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_________________________

We review this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. On October 12, 2016, appellant was charged, with three co- defendants, in a three-count information with murder in violation of Penal Code section 187, subdivision (a); shooting at an occupied vehicle in violation of Penal Code section 246; and possessing a firearm as a felon in violation of Penal Code section 29800, subdivision (a)(1). The People also alleged all three charges were committed in association with, or for the benefit of, a street gang in violation of Penal Code section 186.22, subdivision (b)(1)(C) and appellant personally discharged a firearm causing injury and death within the meaning of Penal Code section 12022.53, subdivisions (b),(c) and (d). The facts giving rise to the charges occurred on February 2, 2016, at around 2:00 a.m., when appellant, in a car with three others, shot and killed the victim who was in another car. The defendants were apprehended when they stopped their car after a lengthy high speed chase.1 On November 12, 2019, appellant pled no contest to second degree murder and admitted the firearm allegation as alleged under Penal Code section 12022.53, subdivision (d) and the gang allegation (with the understanding that the gang allegation would be stricken at sentencing). On August 13, 2020, the trial court sentenced appellant to 15 years to life imprisonment on the second degree murder conviction and 25 years to life on the Penal Code section 12022.53, subdivision (d) allegation, to run consecutively, for a total of 40 years to life. The gang allegation was stricken. The court ordered a copy of appellant’s Franklin packet to be