P. v.
Filed 8/6/10 P. v. Valdez CA2/3
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
THREE
THE PEOPLE,
Plaintiff and Respondent,
v.
Joseph Victor Valdez, Jr.,
Defendant and Appellant.
B220754
(Los Angeles
County
Super. Ct.
No. SA069250)
APPEAL from
a judgment of the Superior Court
of Los Angeles
County, Cynthia Rayvis, Judge.
Affirmed.
California
Appellate Project and Richard B. Lennon, under appointment by the Court of Appeal, for
Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
Joseph
Victor Valdez, Jr. appeals from the judgment entered following his plea of no
contest to assault with a firearm
(Pen. Code, § 245, subd. (a)(2)),[1]
committed at the direction of, for the benefit of, or in association with a criminal street gang (§ 186.22, subd.
(b)(1)(B)). The trial court sentenced Valdez
to nine years in prison. We affirm the
judgment.
FACTUAL AND PROCEDURAL BACKGROUND
1. Facts.[2]
Cassandra
Jackson lives at 4872½ Marionwood Drive
in Culver City. At approximately 11:00 a.m. on August
31, 2008, Jackson was
walking across the street from a friend's home to her apartment when she saw Valdez,
a member of the Culver City Boys criminal street gang, and a group of
approximately 30 men surrounding a parked car.
The car had been vandalized the morning before.
As Jackson
stepped into the street, some of the men approached and surrounded her,
preventing her from going home. Jackson,
who is African-American, then realized that some of the men had also surrounded
an African-American man who was standing next to the vandalized car. All of the men surrounding Jackson
and the African-American man were Hispanic.
The group of Hispanic men called the African-American man and Jackson
â€
| Description | Joseph Victor Valdez, Jr. appeals from the judgment entered following his plea of no contest to assault with a firearm (Pen. Code, § 245, subd. (a)(2)),[1] committed at the direction of, for the benefit of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)(B)). The trial court sentenced Valdez to nine years in prison. Court affirm the judgment. |
| Rating |
