People v. Noa CA4/3

Filed 6/6/25 P. v. Noa 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G064540

v. (Super. Ct. No. 23WF1598)

DAVID TOI NOA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard M. King, Judge. Affirmed. Sheila O’Connor, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

* * *

David Toi Noa stabbed Joseph P. in the chest. The People charged Noa with attempted murder; however, a jury convicted him of a lesser included offense: attempted voluntary manslaughter. The trial court imposed a 12-year prison sentence. Noa filed an appeal. Under the procedures in Anders v. California (1967) 386 U.S. 738 (Anders), and People v. Wende (1979) 25 Cal.3d 436 (Wende), Noa’s counsel filed an opening brief identifying no arguable issues. Noa has not filed a supplemental brief on his own behalf. After independently reviewing the record, we affirm the judgment.

I. BRIEF FACTS AND PROCEDURAL BACKGROUND On May 16, 2023, Noa and Joseph were residents at a sober living house. At about 10:00 p.m., Joseph and his girlfriend Tiffany R., were arguing outside of the home. At one point, Joseph shoved Tiffany. Noa told Joseph, “You don’t put hands on a woman.” Noa and Joseph then got into a fistfight, which was broken up by other residents. After being separated, Noa and Joseph continued to verbally argue. At one point, Noa left the area and went to his car. Moments later, a witness heard Joseph say, “‘Ouch’” and “‘Oh, my gosh. He stabbed me.’” Noa got in his car and drove away. Someone called the police. An officer arrived at the location and spoke to Joseph, who was bleeding from his chest. Joseph told the officer that Noa “pulled out a knife and stabbed me.” Joseph was taken to the hospital where he was treated for stab wounds to his chest and a cardiac injury. The People filed an amended information charging Noa with attempted murder, a great bodily injury enhancement, and a personal use of