People v. Gonzalez CA4/2

Filed 12/21/23 P. v. Gonzalez CA4/2 See Dissenting Opinion

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, E082083

v. (Super.Ct.No. RIF146726)

RUPERTO CORTEZ GONZALEZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge.

Dismissed.

Jason L. Jones, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

On October 27, 2009, a jury found defendant and appellant Ruperto Cortez

Gonzalez guilty of attempted murder (Pen. Code, §§ 664, 187, subd. (a), count 1)1 and

1 All further statutory references are to the Penal Code.

1

assault with a firearm (§ 245, subd. (a)(2), count 3). The jury also found true an

allegation attached to the count 1 offense that defendant personally discharged a firearm

proximately causing great bodily injury. (§ 12022.53, subd. (d).) As to the count 3

offense, the jury found true an allegation that defendant personally used a firearm (§