P. v. Parra CA2/6

Filed 4/30/13 P. v. Parra CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B237197 (Super. Ct. No. KA090753-01) Plaintiff and Respondent, (Los Angeles County)

v.

ENRIQUE PARRA,

Defendant and Appellant.

Enrique Parra appeals a judgment following conviction of two counts of attempted willful, deliberate, and premeditated murder, with findings that he personally discharged a firearm causing great bodily injury, was released from custody in another case at the time he committed the present offenses, and served two prior prison terms. (Pen. Code, §§ 187, subd. (a), 189, 664, subd. (a), 12022.53, subds. (b)-(d), 12022.1, 667.5, subd. (b).)1 We conclude that sufficient evidence supports the judgment and affirm.

1 All further statutory references are to the Penal Code unless stated otherwise. References to sections 12022.1 and 12022.53 are to versions in effect prior to repeal effective January 1, 2012.

FACTS AND PROCEDURAL HISTORY May 25, 2010, Shooting (Count 1) In the afternoon of May 25, 2010, Parra, Albert Lopez, and Patrick Hunt socialized in the garage of Lopez's Pomona residence, "drinking a couple of beers, listening to music." Hunt, a childhood friend and neighbor of Lopez, considered Lopez and his mother, Vandie Parke, as his second family. Parra was Parke's longtime boyfriend. The three men were friendly and did not know each other to carry firearms. That day the men made several trips to the liquor store to purchase beer. During the final trip, Lopez noticed a "little bit of tension." The journey was "quiet and awkward," and Parra drove the vehicle quickly over "speed bumps." After their return to the Lopez residence, the men resumed drinking beer and listening to music. Lopez sat in a chair facing the garage door and the street; Hunt stood or sat behind Lopez on the right side, and Parra was on Lopez's left side. Parra spoke with Lopez regarding the music and Hunt read a text message on his cellular telephone. As Parra turned to walk into the residence, he suddenly shot Hunt in the neck from a distance of approximately six to eight feet. Lopez heard the gunshot and turned to ask what happened. Hunt replied that Parra shot him. When Parke heard the gunshot, she hurried to the garage and found the three men staring at each other. She asked, "What the fuck is going on in here?" Hunt responded that Parra shot him. Parra then "took off down the street." Parke summoned police officers and paramedics. Hunt received emergency medical care at the hospital, including surgery on his neck and esophagus, and remained hospitalized for a week and one-half. The hospital surgeon was unable to remove the bullet from his neck, however. As a consequence of the shooting, Hunt is unable to eat food normally and will require lifelong medical monitoring of his injury.