Filed 7/18/24 P. v. Phouanesavath CA2/7

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE,

Plaintiff and Respondent,

v.

DAVID PHOUANESAVATH,

Defendant and Appellant.

 B334092

 (Los Angeles County

 Super. Ct. No. PA092685)

APPEAL from a judgment of the Superior Court. 

Hilleri G. Merritt, Judge. Affirmed. 

Richard B. Lennon, under appointment by the Court of 

Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Respondent. 

___________

David Phouanesavath appeals from a judgment of

conviction of attempted murder (Pen. Code, §§ 187, subd. (a), 
2

664)1 and assault with a semiautomatic firearm (§ 245, subd. (b)). 

Phouanesavath entered a plea of no contest to the charges 

pursuant to a negotiated plea. Phouanesavath also admitted that 

the crime involved great bodily injury (§ 12022.7, subd. (a); Cal. 

Rules of Court, rule 4.421(a)(1)), and that he personally used a 

firearm in the commission of a felony or attempted felony 

(§ 12022.5, subd. (a)). The trial court sentenced Phouanesavath 

to 24 years in state prison. No arguable issues have been 

identified following review of the record by appointed appellate 

counsel or our own independent review. We affirm. 

FACTUAL AND PROCEDURAL BACKGROUND

According to the probation report, on March 25, 2019 

Phouanesavath was driving on the freeway when he “cut off” 

Odeen Orellana. After the two exchanged words, Orellana exited 

the freeway. Phouanesavath followed Orellana off the freeway in 

his vehicle. Orellana noticed that Phouanesavath was following 

him, and Orellana pulled over to the side of the road and exited 

his vehicle. Phouanesavath pulled alongside Orellana and, 

without saying anything, shot Orellana once in the chest and 

three times in the back. 

Joseph Gonzalez saw a news report with a video of the 

incident and called the police station to report that he had been a 

victim of “road rage” on February 19, 2019, and he believed the 

incident involved the same person he saw in the television report. 

According to Gonzalez, Phouanesavath was attempting to merge 

into traffic but became frustrated when Gonzalez was unable to 

1 Further statutory references are to the Penal Code.
3

speed up in his truck to let him in because of the weight of 

Gonzalez’s vehicle. Phouanesavath moved alongside Gonzalez’s

truck and brandished a firearm. Fearing for his safety, Gonzalez 

pulled over to the shoulder and contacted the California Highway 

Patrol. The officers were able to obtain a photograph of the car 

Phouanesavath was driving and the car’s license plate number. 

On May 4, 2020 Phouanesavath was charged in an 

information with one count of attempted murder, two counts of 

assault with a semiautomatic firearm, one count of possession of 

an assault weapon (§ 30605, subd. (a)), and two counts of 

brandishing a firearm at a person in a motor vehicle (§ 417.3). 

The information also alleged that in the commission of the crimes

Phouanesavath personally used and intentionally discharged a 

firearm causing great bodily injury (§§ 12022.5, subd. (a), 

12022.53, subds. (b), (c), & (d)), and he inflicted great bodily 

injury (§ 12022.7, subd. (a)).

Following advisement and waiver of his constitutional 

rights, Phouanesavath pleaded no contest to attempted murder 

and one count of assault with a semiautomatic firearm. 

Phouanesavath also admitted the firearm-use allegation under 

section 12022.5, subdivision (a), and the great bodily injury 

enhancement allegation. The trial court ordered the remaining 

counts and enhancements dismissed. The court sentenced 

Phouanesavath to an aggregate term of 24 years in state prison.

2

On September 18, 2023 Phouanesavath filed a notice of appeal

2 The trial court imposed the upper term of nine years for 

attempted murder, plus a consecutive term of two years for 

assault with a semiautomatic firearm (one-third the middle term 

of six years), plus a total of 13 years on the firearm-use and great 

bodily injury enhancements. 
4

contending that he “would move the court of appeal . . . to dismiss 

enhancements in the interest of justice.” 

DISCUSSION

We appointed counsel to represent Phouanesavath in this 

appeal. After reviewing the record, counsel filed a brief raising 

no issues. Appointed counsel advised Phouanesavath that he 

could personally file a supplemental brief and sent him the 

transcripts of the record on appeal and a copy of the appellate 

brief. On April 26, 2024 this court also notified Phouanesavath 

that he could personally submit any contentions or argument he 

believed the court should consider within 30 days. We have 

received no response from Phouanesavath.

We have examined the record and are satisfied appellate

counsel for Phouanesavath has complied with his responsibilities

and there are no arguable issues. (Smith v. Robbins (2000) 

528 U.S. 259, 277-284; People v. Kelly (2006) 40 Cal.4th 106, 118-

119; People v. Wende (1979) 25 Cal.3d 436, 441-442.) 

DISPOSITION

The judgment is affirmed. 

FEUER, J.

We concur:

MARTINEZ, P. J. SEGAL, J.