Opinion
B231883
12-02-2011
THE PEOPLE, Plaintiff and Respondent, v. ANGEL RAY HERRERA, Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. BA360934)
DOI TODD, Acting P. J., ASHMANN-GERST, J., CHAVEZ, J.
Angel Ray Herrera (appellant) appeals from the judgment entered following a jury trial that resulted in his conviction of two counts of assault with a firearm (Pen. Code, § 245, subd. (a)(2)), possession of a short-barreled shotgun (§ 12020, subd. (a)(1)), and possession of a firearm near a school (§ 626.9, subd. (b)). The jury found true the allegation that appellant personally used and discharged a firearm (§ 12022.5, subd. (a)), and that the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(A)). The trial court sentenced appellant to 19 years in state prison.
All further references to statutes are to the Penal Code, unless stated otherwise.
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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 July 21, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
Appellant's conviction was based upon the following facts: On August 25, 2009, at approximately 10:30 p.m. Loretta Gurrola, her daughter Valerie, and a family friend were sitting on the front porch of her home on Pomeroy Street, in the County of Los Angeles. Gurrola heard three people including appellant talking loudly. As the three approached the Gurrola residence Valerie told them to be quiet because they were screaming loudly. Appellant cursed at Valerie, and threatened to "kick her ass." When Gurrola told appellant not to disrespect Valerie he cursed at her and threatened to "kick [her] ass too." Valerie went inside to get her brother Jesus. Jesus asked appellant and the others why they were disrespecting his mother. Appellant cursed at Jesus, pulled out a shotgun, pointed it at Jesus's head, and repeatedly threatened to shoot him. When Gurrola approached appellant he pointed the gun at her and threatened to shoot her. While appellant was pointing the gun at Jesus and Gurrola and threatening to shoot them he called out "Stone Street" several times. Gurrola called the police. Appellant and one of the other men with him ran down the street. The third man, who was on a bike, rode away in the same direction. As they ran down the street, Valerie heard the words "Stone Street" six or seven times.
Within a minute of Gurrola calling the police, three police cars arrived at the Gurrola residence. The officers saw three men who matched the descriptions of the suspects at the end of the block. One of the individuals threw a gun over a nearby fence. The three suspects were detained and the shotgun was retrieved. A field lineup was conducted and Gurrola identified appellant as the person who pointed the shotgun at her and her son.
The prosecution's gang expert testified that "Stone Street" is a criminal gang, whose primary activities include robbery, assault with deadly weapons, and vandalism. He further opined that appellant was an active member of "Stone Street" and the crimes charged in this case were committed for the benefit of, at the direction of, and in association with "Stone Street," and with the specific intent to promote, further and assist in criminal conduct by "Stone Street." The parties stipulated that Gurrola's house is 916 feet from an elementary school.
We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.