Serrano

Filed 3/28/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A166011 v. MARIO GUADALUPE SERRANO, (Contra Costa County Defendant and Appellant. Super. Ct. No. 05-171324-7)

This appeal addresses whether substantial evidence supports a jury’s findings of premeditated and deliberate attempted murder where the defendant engages in a shootout with police immediately after crashing a stolen vehicle in a busy intersection, and whether a trial court has discretion to strike those findings pursuant to Penal Code section 1385, subdivision (c).1 We answer the first question in the affirmative and the second in the negative. Defendant Mario Guadalupe Serrano appeals from judgment after being convicted of 13 criminal counts, which included two counts of premeditated attempted murder of a peace officer. After the trial court dismissed five of the six firearm enhancements found true by the jury, it sentenced defendant to a total determinate term of 35 years 8 months and a total indeterminate term of 30 years to life.

1 Unless otherwise…