People v. Cruz CA2/8

Filed 11/21/13 P. v. Cruz CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B246220

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA122130) v.

MARTIN VELASQUEZ CRUZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Eleanor J. Hunter, Judge. Affirmed.

Stanley Dale Radtke, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________

Defendant and appellant Martin Velasquez Cruz appeals from his conviction of attempted voluntary manslaughter following a jury trial. Following our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441 (Wende), we affirm. FACTUAL AND PROCEDURAL HISTORY

Defendant was charged by information filed on July 9, 2012, with the attempted premeditated murder of Roberto Valenzuela. (Pen. Code, §§ 664, 187.) A gang enhancement (Pen. Code, § 186.22, subd. (b)(4)) as well as enhancements for personal infliction of great bodily harm (Pen. Code, § 12022.7, subd. (a)) and personal use of a deadly weapon (Pen. Code, § 12022, subd. (b)(1)) were also alleged. Defendant pled not guilty. Viewed in accordance with the usual rules on appeal (People v. Zamudio (2008) 43 Cal.4th 327, 357-358), the undisputed evidence at defendant’s jury trial established that on February 17, 2012, defendant stabbed Valenzuela in the chest, puncturing Valenzuela’s heart muscle. Valenzuela’s girl friend, Patricia P., testified that she had a sexual relationship with defendant while they attended the same high school. After the relationship ended, defendant called Patricia derogatory names at school. Patricia told Valenzuela that defendant had been disrespectful to her. When Valenzuela and Patricia boarded an eastbound Green Line train at the Harbor Freeway station on February 17, they did not know that defendant was in their same car until the train started moving. Upon noticing defendant, Valenzuela approached him and told him to leave Patricia alone. Defendant asked Valenzuela where he was from, then pulled out a knife and stabbed Valenzuela in the chest. During the ensuing struggle defendant stabbed Valenzuela twice more, causing superficial wounds to Valenzuela’s arm and stomach. Valenzuela and Patricia exited the train at the Avalon station where Valenzuela collapsed. He was treated at the scene by paramedics and transported to the hospital. No weapons were found at the scene or on Valenzuela’s person. Green Line passenger Alexis Anthony saw the altercation between defendant and Valenzuela. Although he did