People v. Molina CA5

INTRODUCTION

Appellant and defendant Alvaro Camacho Molina was convicted of attempted murder and other charges after shooting into an occupied vehicle. As a result of his first appeal, this court remanded the matter for the trial court to determine whether to exercise its discretion to dismiss the Penal Code section 12022.531 firearm enhancements. On remand, the court declined to do so, and defendant filed the instant appeal from that decision. His appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.

FACTS2

On August 4, 2016, defendant pulled up next to a Suburban driven by Armando Castro. Defendant’s sister, Crystal, was a passenger in the vehicle. Defendant began shooting at them with a handgun. A bullet struck Crystal, rendering her unconscious. Castro rammed defendant’s truck, causing it to crash into a light pole and flip. Defendant ran and hid in an orchard, but he was eventually arrested by responding officers.

PROCEDURAL BACKGROUND

On June 8, 2017, after a jury trial, defendant was found not guilty…