People v. Delgado CA2/4

Filed 8/24/21 P. v. Delgado CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B302051

Plaintiff and Respondent, Los Angeles County Super. Ct. No. VA148234 v.

IVAN DELGADO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Yvonne T. Sanchez, Judge. Affirmed. Heather L. Beugen, under appointment by the Court of Appeal, for Defendant and Appellant. Matthew Rodriguez, Acting Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Scott A. Taryle and Colleen M. Tiedemann, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

Defendant and appellant Ivan Delgado pled no contest to attempted murder, and admitted the allegation that he personally used a firearm. The trial court sentenced him to 12 years in state prison. On appeal, Delgado contends the trial court abused its discretion by permitting the prosecution to file an amended information adding a charge of willful, deliberate, and premeditated attempted murder. He asserts there was insufficient evidence admitted at his preliminary hearing to support the new charge. We reject Delgado’s contention and affirm.

PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed an information charging Delgado with assault with a firearm (Pen. Code,1 § 245, subd. (a)(2); count one), possession of a firearm by a felon (§ 29800, subd. (a)(1); count two), and shooting at an unoccupied vehicle (§ 247, subd. (b); count three). The information further alleged Delgado committed counts one and two for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members. (§ 186.22, subd. (b)(1)(A) and (C).) With respect to count one, the information also alleged Delgado caused great bodily injury (§ 12022.7, subd. (a)), personally used a firearm (§ 12022.5, subd. (a)), and sustained a prior prison term conviction (§ 667.5, subd. (b)). Delgado pled not guilty to all counts and denied all allegations.