P.

Filed 4/29/13 P. v. Zapata 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B238306 (Super. Ct. No. BA373635) Plaintiff and Respondent, (Los Angeles County)

v.

RUBEN ZAPATA et al.,

Defendants and Appellants.

Ruben Zapata and Miguel Vivas appeal a judgment after conviction by jury of one count each of assault with a semiautomatic weapon. (Pen. Code, § 245, subd. (b).)1 The jury found true allegations that Zapata and Vivas committed the assault on behalf of a criminal street gang. (§ 186.22, subd. (b)(1)(B).) It also found true allegations that Zapata (the principal) was armed with, and personally used, a firearm. (§§ 12022, subd. (a)(1), 12022.5, subds.…