People v. Suarez CA5

Filed 11/9/23 P. v. Suarez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084821 Plaintiff and Respondent, (Super. Ct. No. CR-18-005416) v.

JUNIOR RAMIRO SUAREZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Robert B. Westbrook, Judge. Sylvia W. Beckham, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- Junior Ramiro Suarez was convicted in March 2022 by jury as charged in count 1 of the premeditated murder of Domonique L. (Pen. Code,1 §§ 187, subd. (a), 189), with

* Before Smith, Acting P. J., Meehan, J. and De Santos, J. 1 All further statutory references are to the Penal Code unless noted otherwise.

personal discharge of a firearm resulting in great bodily injury or death (§ 12022.53, subd. (d)); in count 2 of discharge of a firearm into a vehicle occupied by Shanae Brown (§ 246), with personal use of a firearm (§ 1203.06, subd. (a)(1)); and in count 3 of unlawful possession of a firearm (§ 29800, subd. (a)(1)). In a bifurcated proceeding, Suarez waived his right to a trial by jury and the trial court found true the allegation that Suarez had a prior 2012 conviction for assault with a firearm (§ 245, subd. (b)), which was also found to be a serious felony (§ 667, subd. (a)) and a strike (§ 1170.12). Suarez was sentenced to an aggregate term of 91 years and four months in prison: on the count 1 premeditated murder, the term of 25 years, doubled to 50 years based on the strike, plus 25 years for discharging a firearm resulting in death, plus a five-year prior serious felony conviction enhancement; on count 2, the middle term of five years, doubled, to be served consecutively to the indeterminate term; and on count 3, a consecutive subordinate term of one-third the middle term of eight months, doubled. A section 1202.4, subdivision (b) fine of $300 was imposed, along with a $300 section 1202.45 fine suspended unless parole is revoked. In addition, a section 1465.8 court security fee of $120 and a Government Code section 70373 criminal conviction assessment of $90 were imposed. Restitution pursuant to section 1202.4, subdivision (f) was reserved. Suarez filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to independently review the record for error as mandated by Wende. We offered Suarez the opportunity to file his own brief on appeal, but he has not responded. We have examined the entire record and have not found any arguable issue on appeal. Accordingly, we affirm the judgment.