P. v. Robles
Filed 7/31/06 P. v. Robles 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. MICHAEL RAY ROBLES, Defendant and Appellant. | E037482 (Super.Ct.No. RIF111919) O P I N I O N |
APPEAL from the Superior Court of Riverside County. Edward D. Webster, Judge. Affirmed.
Steven A. Torres, 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, Meagan J. Beale, Supervising Deputy Attorney General, and Kyle Niki Shaffer, Deputy Attorney General, for Plaintiff and Respondent.
INTRODUCTION
A jury convicted defendant of five counts of attempted murder in violation of Penal Code sections 664 and 187, subdivision (a).[1] The jury also found true an allegation that the attempted murders were committed for the benefit of a criminal street gang under section 186.22, subdivision (b), and allegations that defendant personally fired a handgun causing great bodily injury within the meaning of section 12022.53, subdivision (d). The court sentenced defendant to a total indeterminate term of 200 years to life. The court further ordered that defendant serve a minimum of 15 years before being considered for parole. (§ 186.22, subd. (b)(5).)
Defendant contends that: (1) there is insufficient evidence to support the conviction for the attempted murder of David Garcia (count 5); (2) there is insufficient evidence to support the true findings on the gang enhancement; and (3) the imposition of consecutive sentences violates his constitutional rights under Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403]. We disagree, and affirm.
STATEMENT OF FACTS
A. Events of August 9, 2003
On August 9, 2003, a group of friends, Gustavo Rubio, David Garcia, Alberto Negrete, Ruben Lopez, Jonathan Bonilla, Robert Zavala, Edgar Velasquez, and Manuel Vasquez decided to go to the house of Lopez's cousin, Amanda Moya, for a party. For ease of reference, we will refer to these individuals as â€
