P. v. DeLaTrinidad

Filed 5/8/06 P. v. DeLaTrinidad 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from a judgment of the Superior Court of Los Angeles County,

Robert P. O'Neill, Judge. Affirmed.

J. Kahn, 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, Senior Assistant Attorney General, Victoria B. Wilson and Sharon E. Loughner, Deputy Attorneys General, for Plaintiff and Respondent.

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SUMMARY

Marcos DeLaTrinidad was convicted of three counts of attempted murder and one count each of conspiracy to commit murder, shooting at an occupied vehicle, felony evading a police officer and felon in possession of a firearm, with gang and gun allegations found true. The trial court sentenced him to a term of two years in state prison on the felony evading count, a consecutive term of eight months on the felon-in-possession count, a life term with a minimum parole eligibility of 15 years on the first attempted murder count, a 25-year-to-life term for the attendant gun enhancement and consecutive life terms for the attempted murders of two police officers. The court imposed and stayed terms of 29 years to life on the mayhem count, 25 years to life on the conspiracy count and 15 years to life for shooting at an unoccupied vehicle. DeLaTrinidad appeals, claiming insufficiency of the evidence and evidentiary, instructional and sentencing error. We affirm.

FACTUAL AND PROCEDURAL SYNOPSIS

DeLaTrinidad, Juan Leon and Gustavo Perez, all Hispanic, were members of the Culver City Boys criminal street gang. On December 27, 2002, they drove into the territory of Venice 13 and Venice Shoreline Crips, two African American gangs and rivals of the Culver City Boys. Perez drove the green Nissan Maxima DeLaTrinidad (and his girlfriend Dolores Romo) possessed.

In the area of 7th Street and Vernon in Venice, the three gang members saw an African American man (Anthony Willis) walking his bicycle. Leon got out of the car, pointed a sawed-off shotgun at Willis and started shooting from about 12 to 15 feet away. Willis tried to run but the first shot hit him and he went down. As he got up, he was hit by another shot. He tried to crawl and was hit two more times. Willis heard two different guns and saw a second person standing outside the car. He was shot five times on his left side and suffered injuries to his hips, left arm, shoulder and back.[1]

Police officers in the area heard the shooting. Willis told Officer Nicholas Sysak the shooters were in a green car. Witnesses flagged down Officers Rafael Rodriguez and Dagoberto Felix and pointed to DeLaTrinidad's car as it drove down the street. Officers Rodriguez and Felix followed the Maxima but did not turn on their lights or activate their sirens so they would not â€