People v. Sanchez CA2/3

California Court of Appeal Aug 21, 2025 No. B336334Unpublished

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Holding. The court held that the trial court did not abuse its discretion in imposing the presumptive middle term sentence, as the defendant failed to show a reasonable probability of a different result even if some aggravating factors were improper.

Issues

Whether the trial court abused its discretion by relying on improper aggravating factors and ignoring mitigating factors in sentencing.
Whether the defendant forfeited his sentencing claims by failing to object in the trial court.
Whether any error in the trial court's consideration of aggravating circumstances requires reversal.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The court finds the factors in aggravation outweigh the factors in mitigation.”

“Sanchez has not established that the trial court abused its discretion in imposing the middle term sentence in this case, or that any error in the court’s consideration of aggravating circumstances requires reversal.”

Filed 8/21/25 P. v. Sanchez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B336334

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA510483) v.

SALVADOR SANCHEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Curtis B. Rappe, Judge. Affirmed. Richard Lennon and Tanya Dellaca, under appointments by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Lauren Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted Salvador Sanchez of assault with a deadly weapon and injuring the mother of his child. The court imposed the midterm sentence on both counts and stayed the sentence on the second count. On appeal, Sanchez asserts the trial court abused its discretion by making improper findings regarding four of six aggravating factors and by ignoring mitigating factors. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On November 9, 2021, Los Angeles Police Department Officer Ammari-Ali Amer responded to a 911 call reporting a domestic violence incident. When Amer arrived, he found Sanchez’s wife, Lucia S., holding her arm, which was red and swollen. Amer thought the arm was fractured. Lucia S. told the officer that Sanchez had thrown a beer can at her but missed, breaking her son’s terrarium. Sanchez then followed Lucia S. into a bedroom and struck her arm, which she was using to shield her face, several times with a metal broom. During the incident, their eight-month-old daughter and ten-year-old son were in the bedroom. Sanchez then left the home, taking their son with him.1 A May 2023 information charged Sanchez with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1);2 count 1)

People v. Sanchez CA2/3

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B336334

SALVADOR SANCHEZ,

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