People v. Alvarado CA5

Filed 11/29/22 P. v. Alvarado 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084004 Plaintiff and Respondent, (Super. Ct. No. VCF252005) v.

VICTOR ALPHONSO ALVARADO, OPINION Defendant and Appellant.

THE COURT * APPEAL from a judgment of the Superior Court of Tulare County. Nathan G. Leedy, Judge. Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Levy, J. and Detjen, J.

Appointed counsel for defendant Victor Alphonso Alvarado asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. We affirm. BACKGROUND On May 1, 2011, defendant shot and killed Leo Alvarado. On December 20, 2011, the Tulare County District Attorney filed an information charging defendant with murder (Pen. Code, § 187, subd. (a);1 count 1) and possession of a firearm by a felon (former § 12021, subd. (a)(1); count 2). As to count 1, the information further alleged (1) defendant intentionally killed Leo Alvarado while defendant was an active participant in a criminal street gang and the murder was carried out to further the activities of the criminal street gang (§ 190.2, subd. (a)(22)), (2) defendant personally and intentionally used and discharged a firearm causing death (§ 12022.53, subds. (b), (c) & (d)), and (3) the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). On September 21, 2012, a jury found defendant guilty of both counts and found true all three special allegations. On October 18, 2012, the trial court sentenced defendant. On count 1, the court imposed life without the possibility of parole, plus 40 years to life for the enhancements. On count 2, the court imposed the middle term of two years to be served concurrently. The court imposed a $500 restitution fine (§ 1202.4, subd. (b)), a $500 parole revocation fine (§ 1202.45), an $80 court security fee (§ 1465.8), a $60 criminal conviction assessment (Gov. Code, § 70373), and $5,000 in victim restitution. On November 26, 2012, defendant filed a notice of appeal.