People v. Gomez CA2/6

Filed 8/17/23 P. v. Gomez CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX
THE PEOPLE, 2d Crim. No. B324956
(Super. Ct. No. TA138085)
Plaintiff and Respondent, (Los Angeles County)
v.
LUIS GOMEZ,
Defendant and Appellant.
Luis Gomez appeals the judgment entered after he pleaded
no contest to voluntary manslaughter (Pen. Code,1 § 192, subd.
(a)), dissuading a witness by force or threat (§ 136.1, subd. (c)),
and two counts of attempted second degree robbery (§§ 211, 664).
As to one of the attempted robbery counts, appellant admitted
allegations that the crime was committed for the benefit of his
criminal street gang (§ 186.22, subd. (b)(1)(B)) and that a gang
principal discharged a firearm (§ 12022.53, subds. (c) & (e)). The
1 All undesignated statutory references are to the Penal
Code.
trial court sentenced him to an aggregate term of 26 years and 8
months in state prison.
Because appellant pleaded no contest, the facts are derived
from the probation report. On November 16, 2015, appellant and
an accomplice attempted to steal several items from a liquor
store. Store employee Bryan Jaime and customer Alfredo
Alvarado helped detain appellant while his accomplice left in a
Toyota. Appellant told Jaime and Alvarado that he was a
member of the 18th Street gang and that they would regret what
they were doing. The Toyota circled back and an individual got
out, entered the store, and shot Alvarado and Jaime, killing
Alvarado. Appellant and the shooter then fled in the Toyota.
We appointed counsel to represent appellant in this appeal.
After reviewing the record, counsel filed a brief raising no issues.
On May 23, 2023, we advised appellant that he had 30 days
within which to personally submit any contentions or issues he
wished us to consider. We received no response.
We have reviewed the entire record and are satisfied that
appellant's counsel has fully complied with his responsibilities
and that no arguable issue exists. (People v. Wende (1979) 25
Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
CODY, J.
We concur:
YEGAN, Acting P. J. BALTODANO, J.
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Laura R. Walton, Judge
Superior Court County of Los Angeles
______________________________
Steven S. Lubliner, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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