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People v. Lu

California Court of Appeals, First District, Fourth Division
May 12, 2008
No. A120029 (Cal. Ct. App. May. 12, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. WEI AN LU, Defendant and Appellant. A120029 California Court of Appeal, First District, Fourth Division May 12, 2008

NOT TO BE PUBLISHED

San Mateo County Super. Ct. No. SC059761A

Reardon, J.

Appellant Wei An Lu was originally charged with the murder of Wei Cheng Ma (Pen. Code, § 187) with use of a firearm (§ 12022.5). Pursuant to a negotiated disposition for a state prison sentence of 13 years, appellant entered a plea of no contest to voluntary manslaughter (§ 192, subd. (a)) and admitted the firearm use allegation. He received the negotiated sentence of 13 years: the low term of three years for voluntary manslaughter and a consecutive term of 10 years for the firearm use enhancement.

Section references are to the Penal Code.

The preliminary hearing transcript discloses that following an altercation between rival gangs, witnesses observed appellant raise a gun and shoot victim Ma in the shoulder. After Ma fell down, appellant bent over him and shot Ma in the head, killing him. Appellant then entered a car and the car drove away.

Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record. We have conducted the requested review and conclude that there are no arguable issues.

Appellant was represented throughout the proceedings by counsel. His plea and admission were validly entered. He received the negotiated sentence of 13 years.

Judgment affirmed.

We concur: Ruvolo, P.J., Sepulveda, J.


Summaries of

People v. Lu

California Court of Appeals, First District, Fourth Division
May 12, 2008
No. A120029 (Cal. Ct. App. May. 12, 2008)
Case details for

People v. Lu

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. WEI AN LU, Defendant and…

Court:California Court of Appeals, First District, Fourth Division

Date published: May 12, 2008

Citations

No. A120029 (Cal. Ct. App. May. 12, 2008)