P. v. Ayala
Filed 4/20/06 P. v. Ayala 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. MIGUEL AYALA, JR., Defendant and Appellant. | B182209 (Los Angeles County Super. Ct. No. TA075301) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Ronald V. Skyers, Judge. Modified and, as so modified, affirmed.
Kathy M. Chavez, 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, Lawrence M. Daniels and Jack Newman, Deputy Attorneys General, for Plaintiff and Respondent.
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Miguel Ayala appeals the judgment entered after conviction by jury of murder during the commission of robbery in which Ayala personally discharged a firearm causing death. (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(17), 12022.53, subd. (d).)[1] Ayala also was convicted of robbery and possession of a firearm by a felon. (§§ 211, 12021, subd. (a)(1).) Ayala admitted a prior conviction of robbery within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12) and section 667, subdivision (a)(1). The trial court sentenced Ayala to a term of life without the possibility of parole plus 30 years to life in state prison.
We reject Ayala's claim of evidentiary error, modify the judgment to omit a parole revocation fine and, as so modified, affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
1. Prosecution's evidence.
On June 21, 2004, at approximately 4:00 p.m., Claudia Valenzuela saw Mohammed Tehfe, the manager of the clothing store in Lynwood where she worked, waiting on a male customer. Valenzuela went to the rear of the store, heard a gunshot and dropped to the ground. Valenzuela saw the customer bang on the cash register with his hand. When the customer left, Valenzuela found Tehfe on the floor. Tehfe had suffered a single fatal gunshot wound to the head.
Valenzuela identified Ayala in a photographic lineup and told Detective Rudolph Santana, â€
