P. v .Iraheta

Filed 1/26/06 P. v. Iraheta CA2/3



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE








THE PEOPLE,

Plaintiff and Respondent,

v.

CARLOS MIGUEL IRAHETA,

Defendant and Appellant.
B173223

(Los Angeles County

Super. Ct. No. YA053907


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

John V. Meigs, Judge. Affirmed.

Tara Selver, 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, Joseph P. Lee and William H. Davis, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

_________________________

Carlos Miguel Iraheta appeals the judgment entered after his conviction by jury of second degree murder in which he personally discharged a firearm causing death. (Pen. Code, § 187, subd. (a), 12022.53, subd. (d).) The trial court sentenced Iraheta to a term of 40 years to life in state prison. We reject Iraheta's claims of error and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND
The People's evidence indicated that on December 20, 2002, at approximately 6:00 p.m., a male with a beard stared hard at Noe Martinez as they both stood in line at a liquor store in Inglewood. Approximately two hours later, Martinez passed the liquor store while riding in the passenger seat of his car. Martinez saw the same male standing outside the store speaking to several individuals in a vehicle driven by Iraheta. The male pointed at Martinez then spoke to the occupants of Iraheta's vehicle, which immediately followed Martinez's car. Martinez realized they were being followed, became concerned and asked Michael Orozco, the driver, to pull to the side of the road. Martinez got out of the car and stood next to it. Iraheta stopped next to Martinez's car, produced a revolver, reached across the front passenger seat and fired one shot out the window striking Orozco fatally in the neck. Martinez described Iraheta's car to the police and, shortly after the shooting, Iraheta was stopped driving the vehicle. Martinez identified Iraheta in a field show up. A firearm's expert determined that a revolver found in Iraheta's car had fired the fatal bullet.

Iraheta testified in his own defense that he was not a gang member but carried a handgun for protection because three males had beaten him earlier that year. On the day of this incident, Iraheta was driving with his girlfriend and his brothers when they stopped in the parking lot of the liquor store to speak to Iraheta's friend, Herman. While they spoke, Herman remarked that the occupants of a passing white car had given him problems. However, Herman did not tell Iraheta to shoot the people in the car. Iraheta left the liquor store, turned onto East 65th Street and found the white car had stopped in the middle of the street and Martinez was standing at the side of it. As Iraheta slowly drove around the white car, one of his brothers said, â€