People v. Perez CA2/8

Filed 4/14/22 P. v. Perez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B314934

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA350813 v.

RONALD RICHARD PEREZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Stephen A. Marcus, Judge. Affirmed.

Johanna Pirko, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Conforming to People v. Wende (1979) 25 Cal.3d 436 (Wende), Ronald Richard Perez’s counsel filed an opening brief containing a statement of facts but raising no issues. Counsel asks this court to review the record independently and to determine whether any arguable issues exist on appeal. Perez submitted a supplemental brief. We have reviewed the supplemental brief and the record. No arguable issues exist. We affirm. Undesignated statutory citations are to the Penal Code. I We recount the pertinent factual and procedural background. An information charged Perez and two codefendants with murder. Perez and his codefendants are members of the Temple Street gang. The three men pulled up in a Volvo next to an Altima at an intersection. The occupants of the Volvo exchanged words with the driver of the Altima, Jimmy Pineda. The occupants of the Volvo then pulled out two guns and shot several bullets at the Altima. The bullets hit and killed Pineda, a member of rival gang 18th Street. The Volvo sped off, but police captured the three men and recovered two guns from their flight path. Police found Perez’s DNA on one of the recovered guns. A jury convicted all three men of first degree murder. (§ 187, subd. (a).) The jury found true that the men committed the murder for the benefit of a street gang and that a principal personally discharged a firearm proximately causing death. (§§ 186.22, subd. (b), 12022.53, subds. (d) & (e).) The trial court did not instruct the jury on felony murder or the natural and probable consequences doctrine. The court sentenced each man