Opinion
B226033
08-16-2011
THE PEOPLE, Plaintiff and Respondent, v. MARDOQUEO GUEVARA, Defendant and Appellant.
Doris M. Frizzell, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule
(Los Angeles County Super. Ct. No. LA056788)
APPEAL from a judgment of the Superior Court of Los Angeles County, Martin L. Herscovitz, Judge. Affirmed.
Doris M. Frizzell, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Mardoqueo Guevara, a self-admitted member of the Mara Salvatrucha gang, committed a drive-by shooting on the evening of March 30, 2007. The victim of the shooting, Moises Suarez, was washing his truck outside his home, when Guevara fired several shots at him from inside a passing car. A jury convicted Guevara of attempted willful, deliberate and premeditated murder of Suarez (Pen. Code, §§ 187, 664) and shooting at an inhabited dwelling (§ 246). The jury found as to both counts that Guevara personally and intentionally discharged a firearm in the commission of the offenses (§ 12022.53, subds. (b) & (c)) and committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)).
Codefendant Edilberto Olivares is not a party to this appeal.
Statutory references are to the Penal Code.
The trial court found that the jury was hopelessly deadlocked on another count, the murder of Daniel Martinez, and declared a mistrial as to that court. When the prosecution announced it was unable to proceed, the court dismissed that count.
After denying Guevara's motion for a new trial, the trial court sentenced him to an aggregate state prison term of 35 years to life, consisting of a term of 15 years to life for the gang-related attempted murder of Suarez (§ 186.22, subd. (b)(5)), plus 20 years for the firearm-use enhancement (§ 12022.53, subd. (c)). The court stayed the sentence on the remaining count and enhancements. Guevara's sentence was ordered to be served consecutively to his sentence of 17 years to life, previously imposed in Los Angeles Superior Court case No. LA055375.
People v. Guevara (July 21, 2010, B212555) [nonpub. opn.].
Guevara filed a timely notice of appeal and we appointed counsel to represent him on appeal.
After examination of the record counsel filed an opening brief in which no issues were raised. On April 18, 2011, we advised Guevara he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied defendant's attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.) The judgment is affirmed.
ZELON, J. We concur:
PERLUSS, P. J.
JACKSON, J.