People v. Leon CA4/1

Filed 10/20/22 P. v. Leon CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080512

Plaintiff and Respondent,

v. (Super. Ct. No. SCS179354)

JOSE LUIS LEON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Garry G. Haehnle, Judge. Affirmed. Robert E. Boyce, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

FACTUAL AND PROCEDURAL BACKGROUND

In 2005, a jury convicted Jose Luis Leon of second degree murder (Pen.

Code,1 § 187, subd. (a)). The jury also determined a principal in the offense

All further statutory references are to the Penal Code. personally discharged a…