P. v. Alvarez

Filed 5/8/06 P. v. Alvarez CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of San Bernardino County. Donald R. Alvarez, Judge. Affirmed.

Christine Vento, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry J. T. Carlton, Supervising Deputy Attorney General, and Kristine A. Gutierrez, Deputy Attorney General, for Plaintiff and Respondent.

Defendant was convicted of three counts of assault with a firearm for shooting three bystanders during a gang-related dispute. The jury found on each count that defendant (1) was armed with and personally used a handgun; (2) inflicted great bodily injury; and (3) committed the crime for the benefit of a criminal street gang.

The court sentenced defendant to 33 years 4 months. We affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND

A. Prosecution Evidence

1. Before the shootings

Sometime after dark on or about September 14, 2001, James Pennywell and Rico Goodman were at a park at Ninth and Mt. Vernon in the Westside area of San Bernardino. Pennywell walked up to a Hispanic man and asked him if he had a lighter. The man asked Pennywell, â€