People v. De La Cruz CA2/5

Filed 2/7/22 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B312111

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA198877) v.

JOSE DE LA CRUZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kathleen Kennedy, Judge. Dismissed. Theresa Osterman Stevenson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for respondent. In 2002, a jury convicted defendant and appellant Jose De La Cruz of first degree murder. (Pen. Code, § 187, subd. (a)1.) The jury found true the allegations that defendant personally used and personally discharged a firearm. (§ 12022.53, subd. (b) & (c).) The trial court…