P. v. Nava
Filed 7/12/06 P. v. Nava CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JOSE ANDREW NAVA, Defendant and Appellant. | E037217 (Super.Ct.No. FSB041376) OPINION |
APPEAL from the Superior Court of San Bernardino County. Douglas A. Fettel, Judge. Affirmed.
Nancy J. King, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Lilia E. Garcia, Supervising Deputy Attorney General, and Janelle Marie Boustany and Scott C. Taylor, Deputy Attorneys General, for Plaintiff and Respondent.
INTRODUCTION
Jose Nava was convicted of first degree murder (Pen. Code,[1] § 187) and sentenced to a prison term of 60 years to life, including a consecutive term of 25 years to life pursuant to section 12022.53, subdivision (d), and a 10-year enhancement pursuant to section 186.22, subdivision (b). On appeal he contends the trial court erred in denying his request to replace appointed counsel with retained counsel and in excluding evidence regarding the victim's blood-alcohol level. He also challenges the sufficiency of the evidence to support the gang affiliation enhancement imposed under section 186.22, subdivision (b).FACTUAL AND PROCEDURAL HISTORY
Travon Martin (Martin) and Danny Botello (Botello), who were best friends, were talking, watching television, and drinking beer at Martin's home on the night of October 6, 2003. After about an hour or so, around 11:00 p.m., they left the house and headed towards Botello's car, which was parked outside the house. Martin saw a man walking on the other side of the street, smoking a cigarette. Martin asked the man for a cigarette. The man replied, â€
