People v. Gonzales CA2/7

INTRODUCTION

Defendant Andrew James Gonzales appeals from a judgment of conviction entered after a jury found him guilty of two counts of carjacking (Pen. Code, § 215, subd. (a)) and found true the allegations he personally used a firearm in the commission of the crimes (id., § 12022.53, subd. (b)). The trial court sentenced Gonzales to concurrent terms of 13 years in state prison on the two counts, consisting of the low term of 3 years plus 10 years on the firearm use enhancement. Gonzales contends he received ineffective assistance of counsel based on his trial counsel’s recommendation that he reject a plea offer. We conclude Gonzales has failed to meet his burden of showing ineffective assistance of counsel on appeal, and his contention is more appropriately raised on habeas corpus. We therefore affirm the judgment.

FACTUAL BACKGROUND

A. The Carjacking At approximately 7:00 p.m. on February 7, 2011 Ruben Flores Molina, park patrol supervisor at Rose Hills Memorial Park, was clearing the park of visitors prior to closing when he noticed Gonzales hiding behind a trash can. Gonzales came out from behind the trash can and pointed a handgun at Flores Molina. Gonzales was…