Fear Not Law Articles: P. v. Perea

P. v. Perea

Filed 2/5/07 P. v. Perea 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THE PEOPLE,

Plaintiff and Respondent,

ROBERT ANTHONY PEREA,

Defendant and Appellant.

B186601

(Los Angeles County

Super. Ct. No. BA263272)

APPEAL from a judgment of the Superior Court of Los Angeles County, Philip H. Hickok, Judge. Affirmed.

Thomas T. Ono, under appointment by the Court of Appeal, for Plaintiff and Respondent.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Herbert S. Tetef, Deputy Attorneys General, for Plaintiff and Respondent.

FACTUAL AND PROCEDURAL BACKGROUND

In a one-count information, appellant Robert Anthony Perea and co-defendant Alfred Gonzales were charged with murder (Pen. Code § 187, subd.(a)).^{^[1]} It was further alleged that appellant and Gonzales committed the offense for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist the gang (§ 186.22, subd. (b)(1)). Specifically with respect to appellant, the information alleged that he personally discharged a firearm (§ 12022.53, subd. (c) and (e)(1)), personally used a firearm (§ 12022.53, subd. (b) and (e)(1)), had a prior strike conviction (§ 1170.12, subd. (a)-(d), § 667, subd. (b)-(i)), had a prior serious felony conviction (§ 667, subd. (a)(1)), and had two prior convictions and prison terms (§ 667.5, subd. (b)).

The jury found appellant guilty of second degree murder and found the gang enhancement and firearm allegations true. The trial court found the prior conviction allegations true and denied appellant's motion to strike a strike. The court sentenced appellant to 30 years (15 years to life, doubled) for the murder and 25 years to life for the gun use allegation, plus an additional five years under section 667, subdivision (a) for the prior conviction. Gonzales was found not guilty.

Evidence At Trial

1. Prosecution Case

Gabriel Rangel was shot in the head on October 31, 2003, while riding his bicycle near Gonzales's home in Norwalk sometime prior to 11:35 p.m.

At trial, Maribel Raygoza testified that she was at Gonzales's house on the night of the shooting.^{^[2]} She and Gonzales were involved in a relationship. She knew Gonzales by the nickname â€

Description	In a one count information, appellant Robert Anthony Perea and co defendant Alfred Gonzales were charged with murder (Pen. Code S 187, subd.(a)). It was further alleged that appellant and Gonzales committed the offense for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist the gang (S 186.22, subd. (b)(1)). Specifically with respect to appellant, the information alleged that he personally discharged a firearm (S 12022.53, subd. (c) and (e)(1)), personally used a firearm (S 12022.53, subd. (b) and (e)(1)), had a prior strike conviction (S 1170.12, subd. (a) (d), S 667, subd. (b) (i)), had a prior serious felony conviction (S 667, subd. (a)(1)), and had two prior convictions and prison terms (S 667.5, subd. (b)). The jury found appellant guilty of second degree murder and found the gang enhancement and firearm allegations true. The trial court found the prior conviction allegations true and denied appellant's motion to strike a strike. The court sentenced appellant to 30 years (15 years to life, doubled) for the murder and 25 years to life for the gun use allegation, plus an additional five years under section 667, subdivision (a) for the prior conviction. Gonzales was found not guilty.
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