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People v. Chavez

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR
Jan 3, 2012
A131103 (Cal. Ct. App. Jan. 3, 2012)

Opinion

A131103

01-03-2012

THE PEOPLE, Plaintiff and Respondent, v. OMAR CHAVEZ, Defendant and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Sonoma County Super. Ct. No. SCR498567)

Pursuant to a negotiated disposition, appellant Omar Chavez pled guilty to involuntary manslaughter (Pen. Code, § 192, subd. (b)) and admitted a gang enhancement (Pen. Code, § 186.22, subd. (b)(1)). The remaining charges were dismissed and the agreed-upon term was five years in state prison. Consistent with the negotiated disposition, appellant was sentenced to the midterm of three years plus two years for the gang enhancement.

Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.

This was a gang-related homicide. Detective Swift testified that based on his training and experience, the most significant contributor to victim Girmai's homicide was the "gang conflict." He opined that the homicide was committed by two Norteño gang members, appellant and Ricardo Puentes, in association with one another. He noted that Puentes and appellant went to Girmai's location "with the intent to 'squash' the problem between them." When they arrived at the apartment, Girmai was sitting at a table in the front room. Appellant moved to shake Girmai's hand, but then stepped aside. Puentes, who was immediately behind appellant, stepped forward and shot victim Girmai multiple times with a nine-millimeter handgun, causing his death. Appellant and Puentes then fled the scene together.

Appellant having pled guilty, the factual summary is from the "Presentence Report."

Appellant was represented throughout the proceedings by counsel. His guilty plea and admission of the gang enhancement were validly entered. Appellant received the bargained-for sentence. There was no sentencing error.

Judgment affirmed.

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Reardon, J.

We concur:

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Ruvolo, P.J.

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Sepulveda, J.


Summaries of

People v. Chavez

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR
Jan 3, 2012
A131103 (Cal. Ct. App. Jan. 3, 2012)
Case details for

People v. Chavez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. OMAR CHAVEZ, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR

Date published: Jan 3, 2012

Citations

A131103 (Cal. Ct. App. Jan. 3, 2012)