Filed 5/5/23 P. v. Villasenor CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082847 Plaintiff and Respondent, (Super. Ct. No. LF012047A) v. RICARDO VILLASENOR, OPINION Defendant and Appellant. APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer, Judge. C. Matthew Missakian, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Christopher J. Rench and Darren K. Indermill, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Ricardo Villasenor was charged in counts 2, 3, and 4 with assault with a firearm (Pen. Code, § 245, subd. (a)(2))1 ; in counts 5, 6, and 7 with false imprisonment by violence (§ 237); in count 8 with active participation in a criminal street gang (§ 186.22, subd. (a)); and in count 9, with misdemeanor carrying a concealed weapon (§ 25400, subd. (a)(1)). It was alleged that the charged felonies were for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and involved personal use of a firearm (§ 12022.5, subd. (a)).2 A jury found Villasenor not guilty of the assault with a firearm charges, but guilty of the remaining charges and the alleged enhancements were found true. Villasenor was sentenced to 12 years in prison, consisting of nine years for count 5 (the middle term of two years, plus three years for the gang enhancement and four years for the gun enhancement) plus three years consecutive for count 6 (one-third the middle term of eight months, plus one year for the gang enhancement and 16 months for the gun enhancement). On count 7, the trial court imposed nine years (the middle term of two years, plus three years for the gang enhancement and four years for the firearm enhancement), to be served concurred with count 5. On count 8, the trial court imposed but stayed 6 years (the midterm of two years plus four years for the firearm enhancement).3 On count 9, the trial court imposed a concurrent 180 days in jail. On appeal, we reject Villasenor’s claims that the trial court erred when it admitted statements of an earlier incident in violation of Miranda4 ; when it denied his motion for 1 All further statutory references are to the Penal Code unless otherwise stated. 2 Codefendant Daniel Ulloa was charged with the same seven felonies, gang and gun enhancements, plus attempted murder in count 1, along with various gang and gun enhancements. Ulloa has filed a separate appeal (case No. F082814). 3 The minute order is incorrect as to count 8, but is correct in …
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