P. v. Alamos
Filed 8/27/13 P. v. Alamos CA2/5
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
FIVE
THE PEOPLE,
Plaintiff and Respondent,
v.
MARIO HECTOR ALAMOS,
Defendant and Appellant.
B246078
(Los Angeles
County
Super. Ct.
No. TA116896)
APPEAL from
a judgment of the Superior Court
of
County, Allen J. Webster, Jr., Judge. Affirmed as modified.
Matthew
Alger for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
Following a
jury trial, appellant Mario Hector Alamos was convicted of
subd. (a)).
title="">[1] The jury also found true numerous handgun
enhancements (§§ 12022.53, subds. (b),
(c) & (d)) and found that the crime was gang-related (§ 186.22, sub.
(b)(1)(c)). Appellant was sentenced to
two consecutive 25-year-to-life terms.
Appellant
filed a notice of appeal. This court appointed counsel to represent
appellant on appeal. On July 19, 2013,
counsel filed a brief raising no issues but requesting the court independently
review the record for arguable contentions pursuant to People v. Wende (1979) 25 Cal.3d 436.
On July 19, 2013, this court advised
appellant he had 30 days to submit a supplemental brief raising appellate
issues. Appellant has not filed such a
brief with this court.
DISCUSSION
The facts
are briefly summarized in the light most favorable to the judgment. (People v. Barnes (1986) 42 Cal.3d
284, 303.) Appellant and Gabriel Lopez
were members of the Morton Town Stoners street gang. The victim in this case, Elden Mignault, was
a member of the Southside Nuthood Watts street
gang. His moniker was “Tripps.†The two gangs were competing for control of
the area in which the murder occurred.
In the
afternoon of July 7, 2010,
appellant chased Mignault down an alley.
At some point, he slowed to a near stop, raised a handgun and fired
multiple rounds at Mignault. Lopez ran
toward appellant, saw a neighbor was watching, and told him not to fire the
weapon. Mignault was hit in the back by
two bullets and died.
The on
looking neighbor (a person who rented a backhouse from Lopez’s parents)
identified appellant as the shooter at the preliminary
hearing and at trial. Other evidence
implicating appellant as the shooter was:
(1) the recorded statement given to the police by the mother of Lopez’s
child indicating she observed appellant fire the weapon; and (2) the recorded
statement of a gang member indicating appellant said he shot “Tripps†from the
Nuthood gang in an alley near Lopez’s house.
A gang expert testified, based on a hypothetical consistent with the
evidence in the case, that the murder of Mignault benefited the Morton Town Stoner
gang.
We have
completed our independent review of the record and have found no arguable
appellate issues. The evidence was
sufficient to support the judgment, the jury instructions were proper, and the
sentence was authorized. However, the
abstract of judgment does not accurately reflect the court’s oral pronouncement
of sentence as it excludes the consecutive term of 25 years to life imposed
pursuant to section 12022.53, subdivision (d) and should, therefore, be
corrected.
DISPOSITION
The trial
court is ordered to correct the abstract of judgment to conform to its oral
pronouncement of sentence i.e., a consecutive term of 25 years to life under
section 12022.53, subdivision (d), and to mail a copy of the corrected judgment
to the California Department of
Corrections and Rehabilitation. In
all other respects, the judgment is affirmed. (Smith v. Robbins (2000) 528 U.S. 259, 284.)
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS
KUMAR,
J.
We concur:
TURNER,
P. J. MOSK,
J.
to the Penal Code.
of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to
article VI, section 6 of the California Constitution.
