P. v. Reyna

Filed 7/20/06 P. v. Reyna CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FIVE

APPEAL from a judgment of the Superior Court of Los Angeles County, Burt Pines, Judge. Affirmed with directions.

Patricia J. Ulibarri for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Kyle S. Brodie, and Karen Bissonnette, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant, James Alberto Reyna, appeals from his convictions for assault with a firearm (Pen. Code,^[1] § 245, subd. (a)(2)), and shooting at an occupied automobile (§ 246), as well as the jurors' findings he personally used a firearm and the offenses were committed for the benefit of a criminal street gang. (§§ 12022.5, 186.22, subd. (b)(1).) Defendant argues there was insufficient evidence to support the section 186.22, subdivision (b)(1) gang enhancement findings. We affirm but direct modification of the abstract of judgment.

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319; People v. Elliot (2005) 37 Cal.4th 453, 466; People v. Osband (1996) 13 Cal.4th 622, 690; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909.) On November 21, 2003, Jose Perez , an inactive gang member, drove to a Bank of America to cash a check. Mr. Perez got in a line where a woman and defendant were waiting. Defendant, a gang member, asked Mr. Perez in a â€