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P. v. Audelo

P. v. Audelo
06:27:2006

P. v. Audelo


Filed 6/26/06 P. v. Audelo 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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.


VINCENT AUDELO,


Defendant and Appellant.



B184423


(Los Angeles County


Super. Ct. No. BA262841)



APPEAL from a judgment of the Superior Court of Los Angeles County,


Judith L. Champagne, Judge. Affirmed.


Lawrence V. Harrison for Defendant and Appellant.


Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and Paul M. Roadamel, Jr., Deputy Attorneys General, for Plaintiff and Respondent.


_________________________


Defendant and appellant, Vincent Audelo, appeals from the judgment entered following his conviction, by jury trial, for assault with a firearm, discharge of a firearm with gross negligence and possession of a firearm by a felon, with prior serious felony conviction allegations (Pen. Code, §§ 245, 246.3, 12021, 667, subd. (a) – (i)). Sentenced to state prison for 39 years to life, Audelo claims there was trial error.


The judgment is affirmed.


BACKGROUND


Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206, the evidence established the following.


1. Prosecution evidence.


A witness from the Los Angeles Custodian of Records office testified that on March 18, 2004, at 9:14 p.m., someone made a 911 call. The 911 call was tape-recorded. According to the transcript of the tape, the caller said, â€





Description A decision regarding assault with a firearm, discharge of a firearm with gross negligence and possession of a firearm by a felon with prior serious felony conviction allegations.
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