P. v. Preciado CA2/3

Filed 4/15/13 P. v. Preciado CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B236625

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA091651) v.

GERARDO PRECIADO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Bruce F. Mars, Judge. Affirmed. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Margaret E. Maxwell and Douglas L. Wilson, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant, Gerardo Preciado, appeals his conviction for attempted murder and assault with a firearm, with firearm and great bodily injury enhancements (Pen. Code, §§ 664/187, 245, 12022.5, 12022.53, 12022.7).1 He was sentenced to state prison for 32 years to life. The judgment is affirmed. BACKGROUND Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. On August 13, 2010,2 Andy Macias was living on Washington Avenue in El Monte. Around 9:00 p.m. that night, he was riding his bicycle in front of his house and socializing with friends. His brother, Danny, and a friend, Octavio Quiroz, were also there. Gunshots suddenly rang out. Andy testified the shots came from behind him and he felt a burning pain in his right side. He dropped his bicycle, stumbled across the street and collapsed in his front yard. Danny testified he saw a man who was holding a gun, and pacing back and forth. Danny then saw the gunman drive away in a Chevy Silverado truck. Danny was 50 percent sure the gunman was defendant Preciado. Quiroz testified he saw a Chevy Silverado truck parked in front of his own vehicle. After the shots were fired, Quiroz saw Preciado standing about 10 feet away from Andy. Quiroz then got into his vehicle and Preciado walked past the passenger window holding a gun. Preciado was the only person Quiroz saw with a gun that night. At trial, Quiroz testified he was certain it was Preciado whom he had seen with the gun.