People v. Jauregui CA5

Filed 9/25/24 P. v. Jauregui 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F086247 Plaintiff and Respondent, (Super. Ct. No. MF013816A) v.

JUANITA DELGADO JAUREGUI, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John D. Oglesby, Judge. Law Offices of Lawrence S. Strauss and Lawrence S. Strauss for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Chung Mi Choi, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Franson, J. and Snauffer, J.

INTRODUCTION Appellant Juanita Delgado Jauregui appeals from a conviction for assault with a deadly weapon and inflicting corporal injury resulting in a traumatic condition. Appellant’s sentence was suspended and appellant was placed on three years’ formal probation with 120 days in custody. Appellant argues the trial court’s verdicts are impermissibly inconsistent and must be reversed. We affirm. PROCEDURAL HISTORY On November 7, 2022, the Kern County District Attorney filed an amended information charging appellant with assault with a deadly weapon, a car (Pen. Code § 245, subd. (a)(1);1 count 1), corporal injury resulting in a traumatic condition upon the victim (§ 273.5, subd. (a); count 2) and misdemeanor child abuse (§ 273a, subd. (b); count 3). The information additionally alleged two circumstances in aggravation as to both counts 1 and 2—that the crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness (Cal. Rules of Court, rule 4.421, subd. (a)(1)), and appellant was armed with or used a weapon at the time of the commission of the crime (Cal. Rules of Court, rule 4.421, subd. (a)(2)). The same day, appellant waived her right to a jury trial and a court trial took place. The trial court found appellant guilty on counts 1 and 2, and not guilty on count 3. On April 17, 2023, the court sentenced appellant. The court denied appellant’s motion for reconsideration and found true the circumstances in aggravation. The court suspended imposition of sentence on both counts, placed appellant on three years’ probation with 120 days in custody on count 1, and the same concurrent sentence on count 2.