People v. Lugo CA2/7

Filed 1/3/24 P. v. Lugo CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B328865

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA151601) v.

HENRY LEONARD LUGO,

Defendant and Appellant.

APPEAL from a judgment order of the Superior Court of Los Angeles County, Roger T. Ito, Judge. Affirmed. Edward H. Schulman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________

INTRODUCTION

A jury convicted Henry Leonard Lugo on one count of first degree murder, one count of second degree murder, and one count of possession of a firearm by a felon. The jury found true the special-circumstance allegation Lugo committed multiple murders and the allegation he personally used and intentionally discharged a firearm causing great bodily injury or death. We appointed counsel to represent Lugo on appeal. After reviewing the record, counsel for Lugo did not identify any arguable issues. Nor, after reviewing the record, have we. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On the evening of August 25, 2017 Lugo attended a party to celebrate a peace treaty between rival gang members. When a group approached Isaiah Alvarez and asked where he was from, a fight broke out. After Alvarez was knocked unconscious and fell to the ground, Lugo shot and killed him. On September 14, 2017 Lugo was walking with Ruben Martinez, a fellow gang member, down an alley. Lugo allowed Martinez to walk ahead of him before pulling out a handgun and shooting Martinez six times from behind. Lugo was arrested on February 14, 2018. In subsequent interviews with the police, Lugo waived his rights under Miranda v. Arizona (1966) 384 U.S. 436 and confessed to killing Alvarez and Martinez. On September 17, 2021 the People charged Lugo with one count of first degree murder (Pen. Code, § 187),1