P. v. Ortega 11/10/10 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F057431

Case Date: 02/17/2011

Preview:Filed 11/10/10 P. v. Ortega 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F057431 Plaintiff and Respondent, (Super. Ct. No. F08902368) v. MARK CURTIS ORTEGA, Defendant and Appellant.

OPINION

APPEAL from a judgment of the Superior Court of Fresno County. Gary R. Orozco, Judge. David Joseph Macher, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, David A. Rhodes, Ivan P. Marrs and Larenda Delaini, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

Defendant Mark Curtis Ortega was convicted of crimes arising from the home invasion robbery and murder of Regina Morales. The events leading to Reginas death occurred during the night of March 28, and the early morning of March, 29, 2008.1 With the assistance of a young woman, defendant and his codefendant, Felix Rolando Hernandez, entered Reginas apartment and took her purse and keys and the keys of her companion. Defendant shot and killed Regina. On appeal, defendant contends (1) the trial court erred by admitting evidence of defendants prior robbery adjudication; (2) the trial court erred when it sustained the prosecutors objections to various questions on cross-examination; (3) the trial court erred when it denied the motion for mistrial; (4) the trial court erred in admitting evidence of defendants cell phone photograph; (5) the trial court erred by imposing firearm use enhancements on both robbery counts; and (6) the trial court made various other sentencing errors. We will vacate the sentence and remand for resentencing. In all other respects, we will affirm. PROCEDURAL SUMMARY On November 20, 2008, the Fresno County District Attorney charged defendant with murder (Pen. Code,

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