P. v. DeLeon
Filed 4/17/06 P. v. DeLeon CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. ISRAEL DELEON, Defendant and Appellant. |
F046747
(Super. Ct. No. BF106430A)
OPINION |
APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge.
John Hardesty, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Julie A. Hokans and Robert Gezi, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Israel DeLeon (defendant) appeals from the judgment entered following a jury trial that resulted in his conviction for attempted murder and attempted premeditated murder. On appeal, defendant contends that the trial court erred in concluding that the prosecutor did not exercise peremptory challenges in a racially discriminatory manner. Defendant also argues that the imposition of the upper term for his convictions was unconstitutional pursuant to Blakely v. Washington (2004) 542 U.S. 296. We affirm.
PROCEDURAL HISTORY
On June 15, 2004, the Kern County District Attorney's Office filed an amended information against defendant alleging the following two criminal counts: count one, attempted murder of Elinerto Vela (Pen. Code, §§ 664 & 187, subd. (a)) and count two, attempted murder of Anthony Garcia (Pen. Code, §§ 664 & 187, subd. (a)). Both counts also alleged two enhancements: first, that the crimes were committed with premeditation and deliberation (Pen. Code, §§ 664, subd. (a), & 189); and second, that defendant used a firearm in the commission of the attempted murder (Pen. Code, § 12022.53, subd. (d)). It was further alleged as to both counts that defendant had a prior conviction (Pen. Code, § 667.5, subd. (b)).
On September 17, 2004, a jury convicted defendant of both counts. Regarding the premeditation enhancement, the jury made no finding with respect to count one, but did find count two to be true. With respect to the firearm enhancement, the jury found both counts to be true. On September 21, 2004, the court found true the allegation that defendant had a prior conviction regarding both counts.
On November 12, 2004, defendant was sentenced as follows: for count one, nine years with enhancements of one year and 25 years to life; for count two, life with the possibility of parole with enhancements of one year and of 25 years to life, to run consecutively with count one.
FACTUAL HISTORY
Prosecution's case
On May 12, 2004, defendant was a passenger in a car with five other occupants--Rachel Madrid (the driver), Gina Garcia, Sandra DeLeon (defendant's sister), Anthony Garcia, and Elinerto Vela. Defendant sat in the back seat with Garcia and Vela. That night, defendant and the other passengers were driving around looking for defendant's brother, Ezekial DeLeon.
While they were looking for Ezekial, one of the males sitting in the back seat ordered Rachel to stop the car. After she pulled the car over to the side of the road, all three of the men in the back seat got out of the car. Defendant allegedly told Elinerto and Anthony to â€
