P. v. Leyba
In case No. 06F10056, defendant Ignacio Leyba entered a plea of no contest to possession of cocaine while armed. The court suspended imposition of sentence and granted probation.
In case No. 10F06425, a jury convicted defendant of second degree murder, attempted premeditated murder, and being a felon in possession of a gun. It also sustained allegations of personal use of a gun resulting in death or great bodily injury. It acquitted him of witness intimidation. The trial court imposed an indeterminate term of 72 years to life on the shooting counts and a concurrent term for the gun possession. Pursuant to Penal Code section 2933.2, the trial court awarded defendant credit only for his actual days of presentence custody.
Based on this conduct, the court also found defendant in violation of probation in case No. 06F10056. It revoked probation and imposed a concurrent sentence (awarding conduct credits equal to his custody credits against this term).
Defendant filed a notice of appeal in both cases. With respect to his 2010 offenses, he contends the trial court erred in denying his motion in limine to exclude evidence of his gang associations. We shall affirm the judgment in that case. He does not raise any issues in connection with case No. 06F10056; we accordingly deem that appeal abandoned and shall dismiss it.
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