People v. Aviles CA5

INTRODUCTION

On February 24, 2010, appellant, Ulyses Aviles, was charged in an information with the first degree murder of Carlos Serrano (Pen. Code, § 187, subd. (a))1 and three prior prison term enhancements (§ 667.5, subd. (b)). On March 21, 2012, the trial court denied Aviles’s suppression motion. At the conclusion of a jury trial on April 19, 2012, the jury acquitted Aviles of first and second degree murder but found Aviles guilty of voluntary manslaughter. In a bifurcated proceeding, the trial court found two of the prior prison term enhancements true. At the sentencing hearing on July 3, 2012, the trial court denied Aviles’s motion for a new trial. The court sentenced Aviles to the upper term of 11 years plus a consecutive term of one year for one of the prior prison term enhancements for a total prison sentence of 12 years. The court awarded 1269 days of credits for time in custody, conduct credits of 190 days, and total custody credits of 1459 days. Direct victim restitution was reserved. The court imposed various fines and fees, included a restitution fine of $240. Appellate counsel has filed a brief seeking independent review of the case by this court pursuant to…