People v. Esquivel CA3

Filed 3/27/26 P. v. Esquivel CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sutter) ----

THE PEOPLE, C101817

Plaintiff and Respondent, (Super. Ct. No. CRF190003080) v.

VICTOR HUGO VIVANCO ESQUIVEL,

Defendant and Appellant.

Defendant Victor Hugo Vivanco Esquivel appeals from a judgment in which the trial court sentenced him to an aggregate term of 32 years to life imprisonment. He contends that: (1) substantial evidence did not support instructing the jury on contrived self-defense; (2) his trial counsel was ineffective for failing to object to a statement made by the prosecutor during summation; and (3) cumulative error compels reversal. Finding no merit to these contentions, we affirm.

1

I. BACKGROUND The People charged defendant with willful, deliberate, and premeditated attempted murder (Pen. Code, §§ 187, subd. (a), 664)1 and assault with a semiautomatic firearm (§ 245, subd. (b)). As to the attempted murder, the People alleged defendant personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). As to the assault, the People alleged defendant personally used a firearm (§ 12022.5, subd. (a)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). In 2021, a jury found defendant guilty of the charged offenses and found true the enhancement allegations. The trial court sentenced defendant to an aggregate term of 32 years to life imprisonment. On appeal, a different panel of this court reversed the judgment, concluding that the trial court prejudicially erred in excluding evidence that defendant believed the victim was affiliated with a gang. (See People v. Esquivel (Dec. 23, 2022, C094455) [nonpub. opn.].) A second trial commenced in April 2024. A. Norma’s Testimony Norma testified she was working at a restaurant in Yuba City on the evening of November 8, 2019. There was a woman with a baby in the restaurant; the woman looked like she had been crying. Defendant walked in and tried to pull the woman to his car. Then, the victim walked in to collect a takeout order. The victim asked defendant, “ ‘Are you going to start your shit here?’ ” in Spanish. Defendant pulled out a gun and pointed it at Norma and the victim. Norma grabbed her daughter and ran to the freezers. Norma saw defendant chase the victim through the dining area and fire two or three shots.