People v. Leonity CA3

Filed 4/22/14 P. v. Leonity CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C070152

Plaintiff and Respondent, (Super. Ct. No. 10F02317)

v.

DENNIS LEONTIY,

Defendant and Appellant.

A jury convicted defendant Dennis Leontiy of assault with a firearm (Pen. Code, § 245, subd. (a)(2); count two),1 malicious and willful discharge of a firearm at an occupied motor vehicle (§ 246; count three), and assault (§ 240) as a lesser included offense to that charged in count one (assault with a deadly weapon, to wit, a motor vehicle and by means of force likely to produce great bodily injury). In connection with count two, the jury found that defendant personally used a firearm (former §12022.5 subd. (a)).

1 Undesignated section references are to the Penal Code.

1

Sentenced to state prison, defendant appeals. He contends the trial court prejudicially erred in failing to instruct sua sponte on negligent discharge of a firearm. He also contends that insufficient evidence supports the amount of the jail booking and classification fees. We reject defendant’s contentions and affirm the judgment. FACTS About 1:45 a.m. on April 8, 2010, Olga Leontiy heard a noise, looked out the window of her house, and saw two men wearing hoodies inside her son’s (Maksin) truck.2 The men walked away. She called Maksin who called the police. Her husband, Nikolay, then left in his white Toyota Tacoma pickup truck to look for the suspects of the car break-in. Olga also called her other son, defendant. Meanwhile, Arthur Shiboyan, driving his red Volkswagen Golf, was taking his passenger, Jamie Amentler, to her home after a date. Amentler’s home was located a short distance away from the Leontiy’s home. Suddenly, Nikolay in his white pickup pulled behind the Golf and closely followed, honking his horn. Shiboyan believed the pickup wanted to pass but when Shiboyan pulled over, the pickup pulled over. When Shiboyan sped up, the pickup sped up. Amentler called her father. As they were being chased by Nikolay, a yellow Acura Integra, driven by defendant, started to follow as well. Nikolay and defendant continued to follow the victims and Shiboyan headed for a main thoroughfare where he was able to gain distance between him and Nikolay. Only defendant was able to keep up and there were no other cars on the road. Shiboyan and Amentler were frightened. Defendant pulled his car up “very close” behind the Golf. Shiboyan heard gunshots and the sound of something hitting his car. Amentler did not hear gunshots but heard “things” like tools or metal hitting the back of the Golf. Shiboyan pushed Amentler’s head down and she called 911. Amentler told the 911