People v. Salas CA2/2

Filed 11/2/23 P. v. Salas CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B324032

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA452909) v.

RENE SALAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lisa B. Lench, Judge. Affirmed as modified.

Joshua L. Siegel, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Thomas C. Hsieh, Deputy Attorney General, for Plaintiff and Respondent.

****** Rene Salas (defendant) appeals the sentences on three of the 11 counts on which he stands convicted. The People concede the trial court erred, and we agree. We accordingly modify those sentences, but otherwise affirm the judgment. FACTS AND PROCEDURAL BACKGROUND I. Facts As pertinent to this narrow appeal, it suffices to recount that defendant is a member of the Valerio Street criminal street gang who, in 2015 and 2016, engaged in three distinct crimes with fellow gang members—namely, (1) he shot at pedestrians on a Van Nuys neighborhood street, killing one; (2) he and a fellow gang member snuck into the garage of a rival gang member, and defendant shot and killed the rival; and (3) he kidnaped a woman and forcibly tattooed his gang’s symbols on her neck and arms while a gun was placed in her mouth to keep her still. II. Procedural Background A. Charges, conviction, and sentence In May 2017, a grand jury returned a 20-count indictment against defendant and several others. Specifically, the indictment charged defendant with (1) two counts of murder (Pen. Code, § 187);1 (2) three counts of attempted premeditated