P. v. Ortega

Filed 7/12/06 P. v. Ortega CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from a judgment of the Superior Court of Los Angeles County, Leland B. Harris, Judge. Affirmed.

Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Oscar Ortega appeals from judgment entered following resentencing. He previously was convicted by a jury of attempted murder (Pen. Code, §§ 664/187, subd. (a); count 1), five counts of assault with a firearm (Pen. Code, § 245, subd. (a)(2); counts 2-4, 6 & 7) and making criminal threats (Pen. Code, § 422; count 8) with findings on the attempted murder and assaults with a firearm that he committed the crimes for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)), that on the attempted murder he personally discharged a firearm (Pen. Code, § 12022.53, subds. (c) & (e)(1)) and a principal personally used a firearm (Pen. Code, § 12022.53, subds. (b) & (e)(1)) and as to all counts except the attempted murder, he used a firearm (Pen. Code, § 12022.5, subd. (a)(1)). In an unpublished opinion of this court filed February 23, 2005, appellant's convictions were affirmed but it was determined that the trial court had erred when it stayed imposition of the personal firearm use and gang enhancements on four of the assault with a firearm counts. The case was remanded to the trial court for resentencing â€