People v. Sanchez CA2/24

INTRODUCTION

Gary Anthony Sanchez, Jr., appeals from a judgment following his convictions for first degree murder and two assaults with a semiautomatic firearm. 1 He contends the trial court erred (1) when it denied his Wheeler motions, (2) when 2 it determined that he had impliedly waived his Miranda rights, and (3) when it admitted evidence that he previously owned a .380-caliber handgun. He also contends that he did not receive a fair trial because of the cumulative effect of the trial court’s errors. Finally, he contends the evidence was insufficient to sustain two of his convictions. Finding no reversible error, we affirm.

PROCEDURAL BACKGROUND

3 In an amended information, appellant and four codefendants were charged 4 with the murder of Jason Gentile (Pen. Code, § 187, subd. (a); count 1), the willful, deliberate and premeditated attempted murder of Cassie Yeats (§§ 664/187, subd. (a); count 2), and the assault of Yeats with a semiautomatic firearm (§ 245, subd. (b); count 7). The information further alleged that during the commission of counts 1 and 2, a principal to the offense, specifically appellant,

1 People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler). 2 Miranda v.…