People v. Miranda CA5

Filed 4/30/14 P. v. Miranda CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, F066207

v. (Super. Ct. No. VCF263012A)

MARGARITA RODRIGUEZ MIRANDA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Valeriano Saucedo, Judge. Alison E. Kaylor, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Kane, J., and LaPorte, J.† † Judge of the Kings Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

A jury convicted appellant, Margarita Rodriguez Miranda, of kidnapping (count 2/Pen. Code,1 § 207, subd. (a)), robbery (count 3/§ 211), assault with force likely to cause great bodily injury (count 4/§ 245, subd. (a)(1)), dissuading a witness (count 5/§ 136.1, subd. (b)(1)), and making criminal threats (count 6/§ 422). In separate proceedings Miranda pled no contest to possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and admitted a prior prison term enhancement in each count. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. PROCEDURAL AND FACTUAL HISTORY Miranda’s father passed away on January 14, 2012. Miranda believed that M.M. had collected money for his funeral and kept it for herself. On January 25, 2012, Miranda went to look for M.M. twice at the house in Lindsay where M.M. lived with her boyfriend, Mario Lopez, but M.M. was not home either time. The first time, Miranda was accompanied by two people and she announced her presence there by kicking the door two or three times. When Lopez answered the door, Miranda told him she was looking for M.M., that M.M. had taken money that was donated for Miranda’s deceased father, and that she was going to beat her. On January 26, 2012, at approximately 8:30 p.m., as M.M. rode her bicycle by Miranda’s house, Miranda came out and began accusing her of stealing money collected for Miranda’s deceased father. M.M. told Miranda she had given the money to Miranda’s cousin, Francisca. Miranda then forcibly took a cell phone from M.M. and yelled out to Jose Garza. After Garza came out of the house, he and Miranda took the bicycle and other items from M.M. They also forcibly took M.M. into a bedroom in the house where they began hitting her on the face and head, breaking one of her teeth.