P.

Filed 3/27/13 P. v. Cuevas CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H036928

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC786779)

v.

MARCOS ANTHONY CUEVAS,

Defendant and Appellant.

The Santa Clara County District Attorney charged Marcos Cuevas (appellant) with the October 29, 2007 murder of David Holguin. In the information, filed on October 16, 2008, it was alleged that appellant personally and intentionally discharged a firearm killing Holguin, who was not an accomplice (Pen. Code, § 12022.53, subds. (b),(c) & (d)); and that the offense was committed for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)(C)). The information contained two special circumstance…