P. v. Avalos

 

 

 

 

Filed 1/29/07  P. v.
Avalos 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NOT TO BE
PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for
publication or ordered published for purposes of rule 977.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

 

 

 

THE PEOPLE,               Plaintiff and Respondent,   v.   JOSE LUIS AVALOS,               Defendant and Appellant.

E041248               (Super.Ct.No. FVA023110)               OPINION

 

            APPEAL from the Superior Court of San Bernardino County. 
Keith D. Davis, Judge.  Affirmed. 

            Beatrice C. Tillman,
under appointment by the Court of Appeal, for Defendant and Appellant.

            No appearance for the
Plaintiff and Respondent.

            Defendant
was charged with the murder of Juan Jorge Solano in violation of Penal Code^[1] section
187(a), and the use of a firearm during the commission of the offense^[2].  As
the jury trial was beginning, defendant entered a guilty plea to the second degree murder in exchange for an
agreed-upon sentence of 15 years to life.  The court sentenced defendant in
accordance with the plea agreement.

            Defendant subsequently
appealed, and his application for a certificate
of probable cause was granted.

FACTS

            The offense took place
at a ranch located in Bloomington, California, on October 31, 2004.  Defendant was with a group of individuals who had been drinking beer most of the day,
when around 4:00 p.m., Victor Silva, the renter of the property where the ranch
was located, heard a shot.  He had been in a little shed and came out to see
the defendant with a gun in his hand.  Silva told defendant, â€