P. v. Perez

Filed 6/22/06 P. v. Perez CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

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

Donald R. Tickle, 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, Senior Assistant Attorney General, Susan D. Martynec, Supervising Deputy Attorney General, Robert S. Henry, Deputy Attorney General, for Plaintiff and Respondent.

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Antonio Perez appeals from the judgment entered following a jury trial in which he was convicted of first degree murder, with further findings that he committed murder for the benefit of a street gang and by personally discharging a firearm. Defendant contends that the trial court erred in instructing on premeditation and self-defense, and alternatively that trial counsel rendered ineffective assistance in failing to object to or request modification of these instructions. We affirm.

BACKGROUND

Defendant is a member of the Wanderers 13 street gang. On January 29, 2004, Wanderers 13 gang members Elizabeth Mondragon, Minette Martinez, and Romina Arredondo visited defendant at his apartment in the MacArthur Park area of Los Angeles. Around 4 p.m., defendant and his visitors left the apartment to go to a restaurant a couple of blocks away. Defendant was carrying a revolver.

Mondragon testified that as the group passed by a green van parked near the restaurant, defendant yelled â€