People v. Kaiser CA4/1

Filed 12/5/25 P. v. Kaiser CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D086919

Plaintiff and Respondent,

v. (Super. Ct. No. FMB23000480) JOSHUA ADAM KAISER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, Rasheed S. Alexander, Judge. Affirmed. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, A. Natasha Cortina and Elizabeth M. Renner, Deputy Attorneys General, for Plaintiff and Respondent. A jury convicted Joshua Adam Kaiser of two counts of attempted

murder (Pen. Code,1 §§ 664, subd. (a) & 187, subd. (a)) as to A.R. and

1 Undesignated statutory references are to the Penal Code.

Jane Doe with allegations that Kaiser personally inflicted great bodily injury upon A.R. (§ 12022.7, subd. (a)) and Jane Doe (§ 12022.7, subd. (e)); two counts of arson causing great bodily injury (§ 451, subd. (a)); one count of domestic violence involving Jane Doe (§ 273.5, subd. (a)); and an allegation that Kaiser personally inflicted great bodily injury upon Jane Doe under circumstances involving domestic violence (§ 12022.7, subd. (e)). The jury also found true allegations that in the commission of the offenses, Kaiser used a deadly and dangerous weapon (§ 12022, subd. (b)(1)). In bifurcated proceedings, the trial court found true that Kaiser had one prior strike (§§ 1170.12, subd. (a)–(d) & 667, subd. (b)–(i)), and aggravating factors (§ 1170, subd. (b)(2)). The court sentenced Kaiser to an aggregate prison term of 20 years plus 28 years to life. Kaiser timely appealed. Kaiser asserts the trial court prejudicially erred by not allowing him to cross-examine the victims as to their drug use. Finding no error, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND A. The Incident On June 18, 2023, A.R. was helping Kaiser and his mother, Sherry, clean up around their home, including towing an RV off the property. Several other people were present on the property, including Doe who shares two children with Kaiser. Doe approached A.R. and asked whether she could sit by him until Kaiser left because they had been fighting and Kaiser had been physical with her in the past. At approximately 4:00 p.m., Kaiser and his mother left to get gas for the generator. Around the same time, A.R. realized his cell phone and truck battery were dead. At approximately 10:00 p.m., Kaiser and his mother returned with gas for the generator. A.R. and Doe were sitting in A.R.’s truck waiting for