People v. Zamora CA4/3

Filed 1/26/23 P. v. Zamora CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, G061537 Plaintiff and Respondent, (Super. Ct. No. 16CF1903) v. OPI NION ISRAEL GUTIERREZ ZAMORA,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Michael A. Leversen, Judge. Affirmed. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

This is the third time Israel Gutierrez Zamora’s case has come before us. In a first amended information filed on March 20, 2017, Zamora was 1 charged with nine felonies: count 1: attempted kidnapping (Penal code, §§ 664, subd. (a), 207, subd. (a)); count 2: assault with a semiautomatic firearm (§ 245, subd. (b)); count 3: assault with a deadly weapon (§ 245, subd. (a)(1)); count 4: attempted murder (§§ 664, subd. (a), 187, subd. (a)); count 5: kidnapping (§ 207, subd. (a)); count 6: assault with a firearm (§ 245, subd. (a)(2)); count 7: shooting at an occupied vehicle (§ 246); count 8: criminal threats (§ 422(a)); and count 9: dissuading a witness by force or threat (§ 136.1, subd. (c)(1)). In addition, the information alleged that, as to count 1, Zamora personally used a firearm (§ 12022.53, subd. (b)); as to counts 4 and 5, he personally discharged a firearm (§ 12022.53, subd. (c)); and as to counts 2, 6, 7, and 8, he personally used a firearm (§ 12022.5, subd. (a)). The information also alleged Zamora had suffered prior felony convictions. In 2017, a jury convicted Zamora of all charges except count 3. The jury also rejected the firearm allegation related to count 5. The trial court sentenced Zamora to 98 years to life in prison. In an unpublished opinion in 2019 (People v. Zamora (Dec. 20, 2019, G055827) [nonpub. opn.] (Zamora 1)), we affirmed the convictions but remanded the case for resentencing. The trial court thereafter resentenced Zamora; he again appealed. In 2022, this time in a published opinion, we affirmed the trial court’s decision related to the release of juror identifying information, and again remanded the matter for resentencing (People v. Zamora (2022) 73 Cal.App.5th 1084) (Zamora 2)). On June 21, 2022, the parties submitted a stipulation to the trial court in which they agreed Zamora’s sentence