People v. Vargas CA2/3

Filed 5/30/25 P. v. Vargas CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B337486

Plaintiff and Respondent, Los Angeles County Super. Ct. No. SA105778 v.

JUAN JEAIR MOLINA VARGAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lauren Weis Birnstein, Judge. Affirmed.

Eric R. Larson, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

Juan Jeair Molina Vargas appeals from the trial court’s verdict finding him guilty of assault with a deadly weapon on Eric Huertas. Molina’s counsel has asked us independently to review the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. According to the testimony at trial, Huertas was at a bar called Mickey’s in West Hollywood on November 15, 2021. He left the bar around midnight. When Huertas arrived at his parked car, another car—a red Fiat—was “oddly” parked behind it. He noticed the Fiat had hit his car: Huertas’s car had “some scuff marks” and there was dark gray paint from his car on the red Fiat. The Fiat’s bumper “was still aligned” with Huertas’s car. A man called out to Huertas from a nearby apartment building. The man said they’d seen the accident, and he “strongly suggest[ed]” Huertas call the police. Huertas did so, then he began taking down the license plate number, as the police had instructed him, and taking photographs. The sheriffs said they’d send someone, and Huertas was standing by his car, waiting, when he saw a man—later identified as Molina—walking in his direction. Huertas said, “Hello, are you the owner of the red Fiat that’s parked behind my car?” Molina replied, “Yes.” Huertas said, “[W]ell, clearly you hit my car.” Molina replied, “No, I did not.” Huertas pointed out the scuff marks on the Fiat’s bumper that “match[ed] the ones” on Huertas’s car. Molina replied, “Well, call the cops then.” Huertas asked Molina for his “insurance information” and Molina replied, “No, I’m not giving you my insurance information.” Molina got into his car, backed up, then drove “with some speed” and hit Huertas’s