People v. Mata CA5

Filed 6/15/23 P. v. Mata 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084846 Plaintiff and Respondent, (Super. Ct. No. F21902926) v.

JOSHUA MATA, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Leanne Le Mon, Judge. Julia Spikes, 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 Poochigian, Acting P. J., Snauffer, J., and De Santos, J.

STATEMENT OF APPEALABILITY Appellant, Joshua Mata, Jr., appeals from a final judgment of conviction following a guilty plea, appealable under Penal Code section 1237, subdivisions (a) and (b).1 Mata obtained a certificate of probable cause. STATEMENT OF THE CASE On April 13, 2021, the Fresno County Criminal Grand Jury issued an eight count indictment, charging Mata with: Count 1 – carjacking (§ 215, subd. (a)); for the benefit of a street gang (§ 186.22, subd. (b)(4)(B)); with personal use of a firearm (§ 12022.53, subd. (b)); Counts 2 and 3 – robbery (§ 211); violent felony, for the benefit of a street gang (§ 186.22, subd. (b)(1)(C)); with personal use of a firearm (§ 12022.53, subd. (b)); Count 4 – kidnaping (§ 207, subd. (a)); serious felony, for the benefit of a street gang (§ 186.22, subd. (b)(1)(C); with personal use of a firearm (§ 12022.53, subd. (b)); Count 5 – dissuading a witness (§ 136.1, subd. (c)(1); for the benefit of a street gang (§ 186.22, subd. (b)(4)(C); with personal use of a firearm (§ 12022.5, subd. (a)); Count 6 – felon in possession of a firearm (§ 29800, subd. (a)(1)); Count 7 – participation in a street gang (§ 186.22, subd. (a)); and Count 8 – felon in possession of a firearm (§ 29800, subd. (a)(1)). Trial counsel filed a motion to quash the indictment and dismiss the case under section 995 for having indicted Mata without probable cause. The district attorney filed an opposition and, after hearing argument from both parties, the trial court denied the motion.2

1 All statutory references are to the Penal Code unless otherwise stated. 2The section 995 motion was heard and decided by Judge F. Brian Alvarez on August 20, 2021.