The People v. Ortiz CA4/3

Filed 9/17/13 P. v. Ortiz CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G047320

v. (Super. Ct. No. 11NF2566)

ALONSO RUBIO ORTIZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard F. Toohey, Judge. Affirmed. Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Lilia E. Garcia and Peter Quon, Jr., Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Alonso Rubio Ortiz challenges the court’s finding he was sane when he assaulted his brother with a knife. We affirm.

FACTS

Jose Ortiz is defendant’s older brother and is also a Marine trained in hand- 1 to-hand combat. Prior to the incident in question, defendant had never physically attacked Jose. On the night of the assault, defendant and Jose were in their home, along with Jose’s wife (Asia) and two children. Jose was lying in bed while Asia was in the kitchen. Asia saw defendant open a kitchen drawer containing knives and other items, but did not see what he took out. Defendant went to the computer area in the living room. Asia heard a loud bang and saw defendant hitting the computer. She screamed his name and told him to stop. Jose “heard a lot of banging, like things were falling off the wall,” so he came out of the bedroom. As soon as Jose came out, he saw defendant walk from the living room into the hallway. Jose heard Asia yell Jose’s name. Defendant was holding a knife. Defendant walked quickly toward Jose. Asia saw defendant lift up his hand. Jose said, “Alonso, what are you doing?” Defendant did not reply or display any emotion; he “was blank” like he was unaware of what was going on. Defendant tried to thrust the knife at Jose. Jose tried to take the knife away from defendant by pushing the knife to the side and restraining defendant’s arm that carried the knife. They fought; Jose pushed defendant into the living room. They fell