P. v. Gonzales
Filed 6/22/06 P. v. Gonzales CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 ONE
| THE PEOPLE, Plaintiff and Respondent, v. MANUEL GONZALES, Defendant and Appellant. | B185550 (Los Angeles County Super. Ct. No. LA046958) |
APPEAL from a judgment and an order of the Superior Court of Los Angeles County, Darlene E. Schempp, Judge. Judgment affirmed in part and reversed in part with directions; order affirmed with directions.
Patricia Ihara, 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, Mary Sanchez, Supervising Deputy Attorney General, A. Scott Hayward, Deputy Attorney General, for Plaintiff and Respondent.
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Manuel Gonzales appeals from the judgment entered following a jury trial in which he was convicted of attempted premeditated murder, with further findings that he personally used and discharged a firearm during the commission of the offense, and two counts of misdemeanor assault. Defendant contends that the prosecutor committed misconduct by permitting references to gangs, the evidence was insufficient to support one of the assault convictions, and the restitution order was improper. We agree with the second and third contentions and accordingly reverse one of the assault convictions and direct the trial court to strike certain language from the restitution order. In all other respects, we affirm.
BACKGROUND
On August 21, 2003, high school friends Andrew Maldonado, Gustavo Aguirre, and Eric Barraza were at Barraza's house in Reseda after school. Around 4 p.m., Maldonado and Aguirre went to buy snacks at a nearby liquor store. On their way back, a late model silver Cadillac pulled up next to them and stopped. Defendant, whom Maldonado knew as the older brother of a classmate named Johnny, was the driver and Chris Avalos was in the front passenger seat of the Cadillac. Avalos asked the boys where they were going. Aguirre said they were going to Barraza's house. Defendant said to tell Barraza that he is a â€
