People v. De La Cruz CA2/6

Filed 7/3/14 P. v. De La Cruz CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B253255 (Super. Ct. No. BA267219) Plaintiff and Respondent, (Los Angeles County)

v.

VICTOR DE LA CRUZ,

Defendant and Appellant.

Victor De La Cruz was convicted of second degree murder (Pen. Code, §§ 187, subd. (a), 189),1 with enhancements for personally discharging a handgun causing death (§ 12022.53, subds. (b)-(d)) and committing the crime for the benefit of a criminal street gang (§ 186.22, subd. (b)). The trial court sentenced him to 40 years to life in state prison. At issue here, the court imposed a restitution fine of $10,000 (§ 1202.4, subd. (b)) and, pursuant to De La…