People v. Romero CA5

Filed 7/22/21 P. v. Romero 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081740 Plaintiff and Respondent, (Kern Super. Ct. No. BF150357A) v.

JULIO JESUS ROMERO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael E. Dellostritto, Judge. Matthew A. Lopas, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Smith, J. and Meehan, J.

INTRODUCTION Appellant and defendant Julio Jesus Romero was convicted of two counts of first degree murder and two counts of attempted murder; he was sentenced to multiple life terms. In his first appeal, this court remanded the matter for the trial court to determine whether it would exercise its discretion to dismiss the terms imposed for the firearm enhancements. The trial court denied the motion, and defendant filed the instant appeal. 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.) We affirm. FACTS1 In May 2013, defendant arrived at a party while armed with a .40-caliber handgun. The party hosts tried to eject a group who refused to pay the cover charge, and a fight broke out among a large crowd. Defendant and some associates became involved in the fight. Defendant stepped away from the crowd, waited for his associates to also back away, and then he fired multiple gunshots into the crowd and hit four people. One witness stated that defendant appeared to be selective as he fired and shot people who were fighting with his associates. Defendant left in a waiting vehicle; he was located in Mexico two years later. As a result of the shooting, two people died from their wounds. The third victim was shot twice in the back and once on his side; he was in the hospital for 11 days, had surgeries on his lungs, diaphragm, and back, and his spleen and part of his pancreas were removed. The fourth victim was shot once in his right armpit; the bullet went through his lung and hit his spine, leaving him paralyzed from the waist down.