People v. Fessler CA2/6

Filed 8/20/24 P. v. Fessler CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B328774 (Super. Ct. No. KA128352) Plaintiff and Respondent, (Los Angeles County)

v.

TIMOTHY JOHN FESSLER,

Defendant and Appellant.

Timothy John Fessler appeals a judgment following conviction of assault with a deadly weapon (motor vehicle), with a finding of a prior serious felony strike conviction. (Pen. Code, §§ 245, subd. (a)(1), 667, subd. (d), 1170.12, subd. (b).)1 On appeal, Fessler raises the single issue of sufficiency of the evidence to establish the prior felony strike conviction. We conclude that sufficient evidence supports the strike conviction finding and affirm.

1 All statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL HISTORY On August 7, 2021, Juan Ortega, a maintenance employee at the Quality Inn, discovered that the electric cable to an air conditioner had been severed and the air conditioner was missing. Ortega noticed a vehicle parked near the hotel exit. He looked inside the vehicle and saw a portable air conditioner. Fessler returned to the vehicle and Ortega confronted him. When Fessler accelerated the vehicle, Ortega jumped onto the hood. Fessler applied the vehicle brakes and Ortega jumped off. Fessler drove away and Ortega later identified him from a photographic lineup. The jury convicted Fessler of assault with a deadly weapon but could not agree upon a charged count of robbery. In a separate proceeding, the trial court received evidence of Fessler’s 2019 serious felony strike conviction for first degree burglary. (People v. Fessler (Super. Ct. San Bernardino County, 2019, No. FWV19000327).) Trial Court Exhibits 13A, 13B, and 14 Section 969b The prosecutor submitted two exhibits which he represented reflected the 2019 felony strike conviction. Exhibit 13A contained the case summary for San Bernardino County Superior Court Case No. FWV19000327; a felony complaint for that case; an executed declaration by defendant; and minute orders, including a February 7, 2019, order indicating that Fessler entered a nolo contendere plea to first degree burglary and received a grant of probation. The final page of the felony complaint states Fessler’s date of birth as July 26, 1980. Fessler’s signed declaration reflecting his plea also bears his date of birth as July 26, 1980.