People v. Delacruz CA5

Filed 6/16/22 P. v. Delacruz 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082830 Plaintiff and Respondent, (Super. Ct. No. 20CR-02963) v.

HECTOR MANUEL DELACRUZ, OPINION Defendant and Appellant.

THE COURT * APPEAL from a judgment of the Superior Court of Merced County. Ronald W. Hansen, Judge. (Retired Judge of the Merced Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Eric Weaver, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Ian Whitney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Smith, Acting P. J., Snauffer, J. and DeSantos, J.

Defendant Hector Manuel Delacruz was convicted of murder, attempted murder, possession of a firearm by a felon, two counts of robbery, and three counts of assault with a firearm. Various special allegations were also found true, including firearm allegations and three prior strike convictions. He was sentenced to 152 years to life plus 61 years in prison. On appeal, defendant contends that the trial court erred in denying his posttrial motion to represent himself at sentencing pursuant to Faretta v. California (1975) 422 U.S. 806. The People disagree. We affirm. PROCEDURAL SUMMARY On July 9, 2020, the Merced County District Attorney filed an information charging defendant with the premeditated murder of Santiago Perez Mantar (Pen. Code, §§ 187, subd. (a), 189;1 count 1), premeditated attempted murder (§§ 664, 187, subd. (a), 190.2, subd. (a)(1); count 2), two counts of second degree robbery (§ 211; counts 3 & 5), three counts of assault with a firearm (§ 245, subd. (a)(2); counts 4, 6, & 7), and possession of a firearm by a felon (§ 29800, subd. (a)(1); count 8). The information further alleged that defendant had suffered three prior “strike” convictions within the meaning of the Three Strikes law §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), which also qualified as prior serious felony convictions (§ 667, subd. (a)(1)). As to counts 1, 2, and 3, the information further alleged that defendant used a deadly weapon (§ 12022, subd. (b)(1)); as to count 2, the information further alleged that defendant inflicted great bodily injury (§ 12022.7, subd. (a)) and a principal in the offense was armed with a firearm (§ 12022, subd. (a)(1)); and as to counts 3 and 5, the information further alleged defendant personally used a firearm (§ 12022.53, subd. (b)). On March 30, 2021, the jury found defendant guilty on all counts and found all deadly weapon, infliction of great bodily injury, and firearm enhancements true.