People v. Sermeno CA3

Filed 6/5/14 P. v. Sermeno CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C072321

Plaintiff and Respondent, (Super. Ct. No. CM035385)

v.

LARRY ALTAMIRANO SERMENO,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

PROCEDURAL AND FACTUAL BACKGROUND1

Defendant, Victims 1 and 2 and some other friends were drinking alcohol at Paradise High School. Defendant took Victim 1 away from the group, hit her on the side of her head and face, grabbed her neck and hair and demanded, “Suck my dick bitch, or else.” Victim 2 saw what was happening and “came at” defendant asking, “What the fuck are you doing?” She punched defendant in the arm and chest. Defendant responded by repeatedly punching, kicking and choking Victim 2. Victim 2 fought back and defendant stabbed her in the neck. As a result of the stab wound, Victim 2 suffered a life- threatening infection and had to have open-heart surgery. At one point she was given only a 40 percent chance of survival.

An information charged defendant with forcible oral copulation (Pen. Code, § 288a, subd. (c)(2)),2 assault with intent to commit a felony (§ 220, subd. (a)) with the enhancement allegations that defendant used a deadly weapon (§ 12022.3, subd. (a)) and inflicted great bodily injury (§ 12022.8), and assault with a deadly weapon (§ 245, subd. (a)(1)) with the enhancement allegations that defendant personally used a deadly weapon (§ 12022, subd. (b)(1)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)).