People v. Velez CA5

Filed 5/30/24 P. v. Velez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F086177 Plaintiff and Respondent, (Super. Ct. No. DF013807D) v.

CHRISTOPHER ALEXANDER VELEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer, Judge. Scott N. Cameron, 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., Detjen, J. and DeSantos, J.

Defendant Christopher Alexander Velez appeals from an April 24, 2023 judgment of the Kern County Superior Court. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm the judgment. BACKGROUND1 Velez and codefendants Alejandro Alvarado and Gerardo Alvarado were each charged with attempted murder (Pen. Code,2 §§ 187, subd. (a), 664 [count 1]); carrying a loaded firearm in public as an active participant in a criminal street gang (§ 25850, subd. (c)(3) [count 2]); active participation in a criminal street gang (§ 186.22, subd. (a) [count 3]); and misdemeanor unlawful driving or taking of a vehicle without the owner’s consent (Veh. Code, § 10851, subd. (a) [count 5]). As to count 1, the information alleged in part the attempted murder was willful, deliberate, and premeditated (§ 189); Velez committed the offense for the benefit of, at the direction of, and/or in association with a criminal street gang (§ 186.22, former subd. (b)(1)); and at least one principal in the attempted murder personally and intentionally discharged a firearm and caused great bodily injury (§ 12022.53, subds. (d), (e)(1)). Following trial, the jury found Velez guilty as charged and found true the special allegations. The trial court imposed 15 years to life “with a minimum parole eligibility date of 7 years” plus 10 years for vicarious “use of the firearm” on count 1 and a concurrent one year on count 5. Exercising its discretion, the court struck the vicarious firearm discharge enhancement. It also stayed execution of punishment on counts 2 and 3 pursuant to section 654.