People v. Price CA6

Filed 11/4/13 P. v. Price CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H038436 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1111184)

v.

LEO DALTON PRICE et al.,

Defendant and Appellant.

Defendants Leo Dalton Price and Kristina Pelache appeal a judgment entered following a jury trial. On appeal, Price asserts the trial court erred by not declaring a doubt during his trial and sentencing as to his competence pursuant to Penal Code section 1385.1 Pelache asserts the trial court erred by imposing probation conditions that were unconstitutionally overbroad. STATEMENT OF THE FACTS AND CASE The instant case arises out of an attack perpetrated by Price, Pelache, and Price’s brother, Alex, on Price’s second cousin, Greg. In 2011, Greg was homeless, and was sleeping in a shed on his 92-year-old aunt Carmen’s property. Carmen is Price’s grandmother. After the death of Price’s father in 2011, Carmen told Price to not to come around her property anymore.

1 All further unspecified statutory references are to the Penal Code.

Price resented the fact that Carmen permitted Greg to stay on her property, but would not allow Price to come around. On May 20, 2011, around 4:00 a.m. while Greg was sleeping in the storage shed on Carmen’s property, Price yanked the door open. Price told Greg he should leave because he was not supposed to be there. Price told Greg to shut up, then called someone on his cell phone and said, “He’s in here, get in here.” After the cell phone call, Price’s brother, Alex entered the shed and began punching Greg. Price also began punching Greg and kicking him in the face. At some point during the attack, Pelache entered the shed and said, “Grandma turned the light on.” Alex and Price covered Greg’s mouth so he could not make any noise. Price told Pelache to go wait in the car. Before she left the shed, she told Greg he was “getting what you deserve.” Alex and Price hit Greg a few more times, then left. When Greg was alone, he discovered that his wallet, car keys, phone, flashlight, and a buck knife were missing from the shed. As a result of the attack, Greg had cuts to his nose, lip and chest. The left side of his face was swollen, and the vision in his left eye was affected for weeks. Greg also lost several teeth, and had continuing headaches. After the attack, Price sent letters to Greg and Carmen apologizing for his actions, and asking for forgiveness. At trial, Price and Pelache denied they went to Carmen’s house, and denied they attacked Greg. After a jury trial, defendants were found guilty of assault with force likely to cause great bodily injury (§ 245, subd. (a)(1)); battery with serious bodily injury (§§ 242, 243, subd. (d)); first degree burglary (§§ 459, 460, subd. (a)); and false imprisonment (§§ 236, 237). In addition, the jury found that Price had personally inflicted great bodily injury within the meaning of sections 12022.7, subdivision (a), 1203, subdivision (e)(3), 667, and 1192.7. The jury also found that Price had suffered a prior conviction within the meaning of sections 667, subdivisions (b) through (i), and 1170.12.