People v. Mendoza CA4/1

Filed 3/6/26 P. v. Mendoza CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D087150

Plaintiff and Respondent, (Super. Ct. No. FWV23003646)

v.

JASON ALBERTO MENDOZA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, Joseph B. Widman, Judge. Reversed. Matthew Aaron Lopas, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Charles C. Ragland, Chief Assistant Attorneys General, Maxine M. Hart and Steve Oetting, Deputy Attorneys General, for Plaintiff and Respondent.

In 2024, a jury convicted Jason Alberto Mendoza of assault with a deadly weapon and brandishing a deadly weapon. The charges arose from an altercation in which Mendoza used his car to drive another car off the road, and for displaying a knife during the interaction. On appeal, Mendoza

contends he was denied his constitutional right to testify in his own defense. The Attorney General concedes the error, and we accept the concession. Accordingly, we reverse the judgment. FACTUAL AND PROCEDURAL BACKGROUND Alyssa F. and Theresa O. were driving home together around 11:00 p.m. after a family outing at a mountain resort. Alyssa’s brother-in- law, Rodolfo A., was driving a vehicle in front of them with his wife and two children. They were traveling on a dark, winding mountain road with one lane in each direction. Alyssa saw a Chevy sedan driving in the opposite direction. Shortly after, she saw the same sedan tailgating her car. The sedan passed Alyssa on the right. Sometime later, Rodolfo, the sedan, and Alyssa drove onto a highway on-ramp in that order. While on the on-ramp, the sedan stopped suddenly, causing Alyssa to also stop. Rodolfo also stopped his car. At that point, Mendoza got out of the sedan and walked to Rodolfo’s vehicle. Rodolfo got out of his vehicle and the two began to argue. Mendoza then returned to his car and got a knife. Mendoza waved the knife at Rodolfo, held the knife against Rodolfo’s stomach and said, “You don’t know me ... I’ll get people on you guys.” Mendoza then got back into his car and backed his car into Alyssa’s car. Alyssa called 911 and police were dispatched to the area while Alyssa remained on the phone with the 911 operator. Sometime thereafter, Mendoza got out of his vehicle, ran at Alyssa with the knife, and hugged the front of her vehicle with the knife in his hand. Alyssa and Theresa drove away, but Mendoza followed them in his car. On the freeway, Mendoza again tailgated them and came to a complete stop