P.

Filed 4/16/13 P. v. Macias CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE,

F064650

Plaintiff and Respondent, (Super. Ct. No. BF137468A) v.

MARIO MACIAS, OPINION Defendant and Appellant.

THE COURT*

APPEAL from a judgment of the Superior Court of Kern County. Michael E. Dellostritto and Louis P. Etcheverry, Judges.† Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

* Before Poochigian, Acting P.J., Detjen, J. and Franson, J. † Judge Dellostritto ruled on the Pitchess motion; Judge Etcheverry imposed sentence. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and…