P. v. Vindiola




Filed 4/25/11 P. v. Vindiola CA2/5







NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, v. JEREMY MICHAEL VINDIOLA et al., Defendant and Appellant.

B220180 (Los Angeles County Super. Ct. No. KA083672)

APPEAL from judgments of the Superior Court of Los Angeles County, Bruce F. Marrs, Judge. Affirmed.
Leslie Conrad, under appointment by the Court of Appeal, for Defendant and Appellant Jeremy Michael Vindiola.
Eric R. Larson, under appointment by the Court of Appeal, for Defendant and Appellant Wilson Omar Alfaro.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jaime L. Fuster and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent.
INTRODUCTION
A jury convicted defendants and appellants Jeremy Michael Vindiola and Wilson Omar Alfaro of first degree murder. (Pen. Code, § 187, subd. (a)[1].) The jury found true the allegations that defendants personally used and personally and intentionally discharged a firearm proximately causing death. (§ 12022.53, subds. (b), (c), & (d).) In a bifurcated proceeding, the trial court found true the allegations that Vindiola suffered a prior strike conviction within the meaning of the â€