People v. Pantoja CA2/6

Filed 10/15/24 P. v. Pantoja 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B332190 (Super. Ct. No. 2018023903) Plaintiff and Respondent, (Ventura County)

v.

MANUEL OROZCO PANTOJA,

Defendant and Appellant.

Manuel Orozco Pantoja appeals from a judgment following a trial at which the jury found him guilty of criminal threats (Pen. Code1, § 422; count 1), possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2), and possession of a firearm in violation of probation (§ 29815, subd. (a); count 3). As to count 1, the jury found true allegations that a principal was armed with a firearm (§ 12022, subd. (a)(1)) and that appellant personally used a firearm in the commission of the offense (§ 12022.5, subd.

1 Undesignated statutory references are to the Penal Code.

(a)(1)). Appellant received an aggregate prison sentence of five years. Appellant contends: (1) his section 29815 conviction must be reversed because he is subject to section 29800; and (2) section 654 bars punishment under both section 29800 and the section 12022.5 firearm enhancement. We will reverse appellant’s section 29815 conviction and strike the term imposed for that conviction. We will affirm the judgment as modified. FACTUAL AND PROCEDURAL BACKGROUND In July 2018, Jesus Morales and his mother Maria2 were unloading groceries when appellant, who was Maria’s neighbor, approached and started asking Maria questions. Appellant began arguing and became aggressive with Maria. Jesus told appellant to leave. Appellant refused to leave and began arguing with Jesus. At one point, appellant said he had “something to take [Jesus] out.” Appellant walked inside his house. Jesus called 911. Appellant returned with a hunting rifle, which he set on a fence and pointed at Jesus. Appellant twice stated he was going to take Jesus out. Jesus told appellant he was calling the police, and appellant returned to his house with his rifle. When the police arrived, they called for appellant to come outside. Appellant exited holding a phone. He was arrested. A search of his house uncovered a rifle in the attic. The court sentenced appellant to two years on count 1. The court struck the attendant section 12022 enhancement but sentenced him to three years on the section 12022.5 enhancement. As to each of counts 2 (violation of section 29800,