People v. Molina CA5

Filed 11/3/21 P. v. Molina 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081811 Plaintiff and Respondent, (Madera Super. Ct. v. No. MCR054483)

ALVARO CAMACHO MOLINA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Ernest J. LiCalsi, Judge. Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Franson, J. and Meehan, J.

INTRODUCTION Appellant and defendant Alvaro Camacho Molina was convicted of attempted murder and other charges after shooting into an occupied vehicle. As a result of his first appeal, this court remanded the matter for the trial court to determine whether to exercise its discretion to dismiss the Penal Code section 12022.531 firearm enhancements. On remand, the court declined to do so, and defendant filed the instant appeal from that decision. 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. FACTS2 On August 4, 2016, defendant pulled up next to a Suburban driven by Armando Castro. Defendant’s sister, Crystal, was a passenger in the vehicle. Defendant began shooting at them with a handgun. A bullet struck Crystal, rendering her unconscious. Castro rammed defendant’s truck, causing it to crash into a light pole and flip. Defendant ran and hid in an orchard, but he was eventually arrested by responding officers. PROCEDURAL BACKGROUND On June 8, 2017, after a jury trial, defendant was found not guilty of count 1, attempted murder of Crystal, and convicted of the lesser included offense of attempted voluntary manslaughter (§§ 664 & 192, subd. (a)); he was convicted of count 2, attempted murder of Castro (§§ 664 & 187, subd. (a)); and count 3, shooting into an occupied motor vehicle (§ 246); with enhancements for personal use of a firearm for count 1 (§ 12022.5, subd. (a)); personal use of a firearm for counts 2 and 3 (§ 12022.53, subd. (b)); personally and intentionally discharging a firearm (§ 12022.53, subd. (c)) for