THE PEOPLE v. MARDOQUEO GUEVARA (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Mardoqueo Guevara, a self-admitted member of the Mara Salvatrucha gang, committed a drive-by shooting on the evening of March 30, 2007.   The victim of the shooting, Moises Suarez, was washing his truck outside his home, when Guevara fired several shots at him from inside a passing car.¹  A jury convicted Guevara of attempted willful, deliberate and premeditated murder of Suarez (Pen.Code, §§ 187, 664) ² and shooting at an inhabited dwelling (§ 246).   The jury found as to both counts that Guevara personally and intentionally discharged a firearm in the commission of the offenses (§ 12022.53, subds.(b) & (c)) and committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)).³

Guevara filed a timely notice of appeal and we appointed counsel to represent him on appeal.

After examination of the record counsel filed an opening brief in which no issues were raised.   On April 18, 2011, we advised Guevara he had 30 days within which to personally submit any contentions or issues he wished us to consider.   No response has been received to date.

We have examined the entire record and are satisfied defendant's attorney has fully complied with the responsibilities of counsel and no arguable issues exist.  (Smith v. Robbins (2000) 528 U.S. 259, 277–284 [120 S.Ct. 746, 145 L.Ed.2d 756];  People v. Kelly (2006) 40 Cal.4th 106;  People v. Wende (1979) 25 Cal.3d 436, 441.)   The judgment is affirmed.

We concur:

FOOTNOTES

FN1. Codefendant Edilberto Olivares is not a party to this appeal..  FN1. Codefendant Edilberto Olivares is not a party to this appeal.

FN2. Statutory references are to the Penal Code..  FN2. Statutory references are to the Penal Code.

FN3. The trial court found that the jury was hopelessly deadlocked on another count, the murder of Daniel Martinez, and declared a mistrial as to that court.   When the prosecution announced it was unable to proceed, the court dismissed that count..  FN3. The trial court found that the jury was hopelessly deadlocked on another count, the murder of Daniel Martinez, and declared a mistrial as to that court.   When the prosecution announced it was unable to proceed, the court dismissed that count.

FN4. People v. Guevara (July 21, 2010, B212555) [nonpub. opn.]..  FN4. People v. Guevara (July 21, 2010, B212555) [nonpub. opn.].

PERLUSS, P. J. JACKSON, J.