P. v. Valerio CA3

Filed 7/29/13 P. v Valerio CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C072402

Plaintiff and Respondent, (Super. Ct. No. 12F03257)

v.

URIEL TORRES VALERIO,

Defendant and Appellant.

Appointed counsel for defendant Uriel Torres Valerio has asked us to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We shall affirm the judgment. BACKGROUND A jury found defendant guilty of assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1); count I), making criminal threats (§ 422; count II), and two counts of

1 Further undesignated statutory references are to the Penal Code.

1

misdemeanor vandalism (§ 594, subd. (a); counts III & IV). The jury found defendant used a deadly weapon in the commission of count II. (§ 12022, subd. (b)(1).) The trial court sentenced defendant to four years in state prison on count I and two years plus one year for the deadly weapon enhancement on count II, stayed pursuant to section 654. The court sentenced defendant to 30 days concurrent on count III and 30 days stayed on count IV. The court also imposed the following fines and fees: $240 restitution fines in accordance with sections 1202.4 and 1202.45; victim restitution of $1,174.25 (§ 1202.4, subd. (f)); a main jail booking fee of $340 (Gov. Code, § 29550.2); and a main jail classification fee of $62 (Gov. Code, § 29550.2). The court credited defendant with 354 days of presentence custody credit (177 actual & 177 conduct). Facts from jury trial Carlos Gomes owned an automobile detailing shop in Sacramento and defendant sometimes worked for Gomes. In January 2012, Gomes sold a car to defendant for payments; Gomes kept the pink slip. Defendant soon stopped making payments; on May 2, 2012, Gomes caused the car to be towed. That same afternoon, defendant went to Gomes’s auto shop and demanded the return of the car, threatening Gomes. Defendant left and Gomes reported the incident to the police. About 7:00 p.m. on May 2, Edith Villanueva and Oliva Garcia drove into the driveway of the residence they shared with Gomes. Each testified they saw defendant, with whom they were acquainted, pouring sugar into the gas tank of a Chevy Camaro belonging to Gomes. Robert Mijach, who lived next door to Gomes, saw a man pouring sugar into the gas tank of the Camaro as Villanueva and Garcia drove up. Mijach was unable to identify defendant in court as the man he had seen. During the morning of May 3, 2012, Gomes was at his shop, crouched down, working on a car door. Defendant came up behind Gomes, grabbed him by the neck, choked him, and placed a knife to his throat. Defendant told Gomes he was going to kill