(Super. Ct. Nos. 06F10056, 10F06425)
The opinion of the court was delivered by: Butz , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 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.
FACTUAL AND PROCEDURAL BACKGROUND
On a Saturday night in September 2010, defendant and a group of friends were at a bar. At last call, they decided to reconvene at the home of one of their number.
En route to the residence, defendant and two of the women from the group stopped at a neighborhood liquor store. Also at the liquor store were the murder victim, Oquitzin Bravo, the surviving shooting victim, Jorge Lopez, and a third friend, all of whom were best friends working together in construction; they originally were Mexican natives. They were en route home from a Folsom Boulevard club.
As the two shooting victims walked to the door (their third friend remaining behind in the car because he was quite drunk), they began conversing with the women, who invited them to the after-hours gathering. The two victims returned to their car, and followed the women's car to the home and parked. The gathering was in the backyard.
As the victims and their friend approached the gate to the yard, the woman who had invited them suggested that perhaps they all could go elsewhere; victim Lopez said it was up to the women. Defendant and his friend, David Goodier,*fn1 came up to them. Victim Lopez had noticed them at the liquor store, and now ...