People v. Nunez CA4/3

Filed 1/16/14 P. v. Nunez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G047779

v. (Super. Ct. No. 11CF3422)

MIKE CARRILLO NUNEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Dan McNerney, Judge. Affirmed. Alan S. Yockelson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Michael T. Murphy, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Mike Carillo Nunez appeals his conviction for aggravated assault and a related enhancement. He argues the trial court abused its discretion by allowing the prosecution to question him about the circumstances of a plea bargain leading to his prior conviction. He also contends his defense counsel’s conduct constituted ineffective assistance of counsel by “opening the door” to such questions. We conclude the trial court acted within its discretion by permitting the testimony and that defense counsel was not deficient for raising the point on direct examination. I FACTS Given the limited issues on appeal, it is not necessary to recount the facts of this case in detail. Suffice to say that defendant met Jesus Caballero late one night in December 2011 when defendant, who was standing on a street corner, waved to Caballero, who was driving past. Defendant told Caballero he was a prostitute and offered sex for money, and the two engaged in some sexual behavior later that night. A few days later, Caballero called defendant and invited him to a party. At the party, defendant became “very intoxicated.” They left that party at a security guard’s request, and went to another. They eventually left that party and went to Cabellero’s house, where he lived in a converted garage. Defendant went into the bathroom, which had a second door that led to the main part of the house. A few minutes later, defendant returned with a kitchen knife and stabbed Caballero in the stomach. When Caballero asked why defendant had stabbed him, defendant said because Caballero wanted to rob him. Defendant left the garage, and police were eventually called and responded. They found defendant being detained by one of Caballero’s family members. They also found a knife with dried blood on it that could have come from the kitchen. Caballero had two separate stab wounds, which would have been fatal if left untreated. He underwent two surgeries to repair the injuries. Caballero testified that he was in the country illegally, and after the