People v. Yebio CA4/1

Filed 3/4/25 P. v. Yebio CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082695

Plaintiff and Respondent,

v. (Super. Ct. No. SCD291989)

ABRAHAM YEBIO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Evan Kirvin, Judge. Affirmed. Laura Arnold, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Abraham Yebio appeals from a judgment of conviction after a jury trial. His appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We notified Yebio of his right to file a supplemental brief, and he has not

done so. Based on our independent review of the record, we find no reasonably arguable appellate issues and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Yebio was charged with 5 counts involving two victims, Crystal F. and Tiffany M. As to Crystal, Yebio was charged in count 1 with attempted

willful, deliberate and premeditated murder (Pen. Code,1 §§ 664/187, subd. (a), 189); in count 2 with assault with a deadly weapon (§ 245, subd. (a)(1)); in count 3 with battery resulting in serious bodily injury (§ 243, subd. (d)). It was alleged as to counts 1 and 2 that he personally inflicted great bodily injury (§ 12022.7, subd. (a)), and as to counts 1 and 3 that he personally used a deadly and dangerous weapon (a knife) (§ 12022, subd. (b)(1)). The jury deadlocked as to all counts involving Crystal and the trial court declared a mistrial as to these counts. As to Tiffany, Yebio was charged in count 4 with assault with a deadly weapon (§ 245, subd. (a)(1)) with the allegation he personally inflicted great bodily injury (§ 12022.7, subd. (a)); and in count 5 with battery resulting in serious bodily injury (§ 243, subd. (d)) with allegations he personally inflicted great bodily injury (§ 1192.7, subd. (c)(8)) and that he personally used a deadly and dangerous weapon (a knife) (§ 12022, subd. (b)(1)). The jury convicted Yebio of both counts and all enhancement allegations involving Tiffany. As to both counts, the jury further found true the aggravating circumstance that Yebio used great violence or committed an act revealing a high degree of cruelty, viciousness, or callousness (Cal. Rules of Court, rule 4.421(a)(1)). It found not true that as to both counts Yebio posed a serious danger to society (id., rule 4.421(b)(1)).