People v. Morelos CA5

Filed 6/25/21 P. v. Morelos CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F080898 Plaintiff and Respondent, (Fresno Super. Ct. No. F17904961) v.

ANGEL MORELOS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Heather M. Jones, Judge. Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Levy, J. and Detjen, J.

INTRODUCTION Appellant and defendant Angel Morelos pleaded guilty to first degree murder and was sentenced to 50 years to life. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS1 On August 5, 2017, defendant and two minor accomplices entered a jewelry store as it was about to close and asked to see some jewelry. One of the store’s owners, Ms. Gamez, showed them the requested items. The three males grabbed the jewelry and ran out of the door. Ms. Gamez screamed and her husband, Ismael P., chased the suspects. He tackled defendant to the ground, and defendant dropped some of the jewelry. Ms. Gamez’s 22-year-old son, Christopher Leon, caught up with Ismael and cautioned him not to beat up defendant. Ismael agreed and chased the other suspects while Mr. Leon detained defendant. Defendant pulled a handgun from his pants and fatally shot Mr. Leon twice in the face. A car arrived to pick up defendant, he got in, and the group escaped. A witness obtained the car’s license plate number. Defendant was later identified from the store’s surveillance videos as one of the suspects who committed the robbery, and the person who shot and killed Mr. Leon. The surveillance video, fingerprints found at the store, and additional investigation resulted in the identification of three juveniles as his accomplices. Defendant was arrested, advised of the warnings pursuant to Miranda v. Arizona (1966) 384 U.S. 436, and agreed to answer questions. He initially denied any involvement in the crime, but subsequently admitted that he entered the store to steal