P. v. Ayers
Filed 5/15/06 P. v. Ayers CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE, Plaintiff and Respondent, v. MONTRAE AYERS, Defendant and Appellant. | B182931 (Los Angeles County Super. Ct. No. GA050794) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Janice Claire Croft, Judge. Affirmed as modified.
Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Ryan B. McCarroll, Deputy Attorneys General, for Plaintiff and Respondent.
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We review this case for the second time. Montrae Ayers appeals from the judgment entered following his conviction after a jury trial for a gang-related attempted murder, attempted robbery and several other related offenses. His sole contention on this appeal is the trial court committed sentencing error. We disagree and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Ayers and Shane Plaid are fellow gang members. Ayers went to Matthew Henson's home and demanded money after Henson had identified Plaid to police as a drive-by shooting suspect. Henson refused the demand. Ayers later returned to Henson's home and repeated his demand for money. Henson again refused. Ayers shot Henson twice in the head.[1]
A jury convicted Ayers of attempted willful, deliberate and premeditated murder (count 1), assault with a firearm (count 2), attempted home invasion robbery (count 3), possession of a firearm by a felon (count 4) and threatening a witness (count 5). The jury found as to counts 1 and 3 that Ayers personally and intentionally discharged a firearm, which proximately caused great bodily injury; as to counts 1, 2, 3 and 5 that Ayers committed the offenses for the benefit of a criminal street gang; and as to count 2 that Ayers personally inflicted great bodily injury and personally used a firearm. The jury also found that Ayers had suffered a prior serious felony conviction, making him eligible for sentencing under the â€
