People v. Lagrimas CA3

Filed 9/24/14 P. v. Lagrimas CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C069412

Plaintiff and Respondent, (Super. Ct. No. SF114042A)

v.

DAVID LEON LAGRIMAS,

Defendant and Appellant.

Defendant David Leon Lagrimas shot at an inhabited dwelling and also attempted to murder Adrian Arista, who was outside the dwelling. Convicted of both crimes and sentenced to consecutive terms for the crimes, he appeals. He contends that punishment for both crimes was prohibited by Penal Code section 654. (Further code citations, though unspecified, are also to the Penal Code.) The contention is without merit because the facts supported the trial court’s implicit finding that defendant committed the two crimes with separate objectives.

1

BACKGROUND Defendant and Julia Arista, whom he had previously dated, got into a dispute about the ownership of a laptop computer that defendant had in his possession. Julia’s father, Adrian Arista, whose nickname was “Night Owl,” went to defendant’s home to retrieve the computer. Later, defendant, whose arm was in a sling, told someone that “Night Owl” had jumped him and broken his arm. The broken arm prevented defendant from working. Several months after the computer incident, defendant tried to run Julia over with his car while she was riding a bicycle. He hit her, and she hit another car and injured her arm. Defendant accused her of being a snitch relating to another matter. Julia lived with her father and several others. Later on the same day defendant hit Julia on her bicycle, Julia left her residence and went to a nearby store. On her way back, she saw defendant get out of the driver’s side of his brother’s truck, point a gun at her residence, and fire several shots. At the time of the shooting, four people were in the residence, and several bullets penetrated the residence with one of them lodging in an exhaust fan in the kitchen. Moments after the shooting, Julia saw her father, Adrian, banging on the door of the residence. He said, “That fucking dude just shot [at] me.” He also said he had been on his bicycle and had difficulty getting off the bicycle when the shooting started. Someone else heard Adrian say, “That punk ass bitch David. He missed.” One month after the shooting at the residence, Adrian was shot and killed as he rode his bicycle in front of a house a few blocks from his home. (Defendant was charged with murder and shooting at an inhabited dwelling in connection with Adrian’s murder, but the jury was unable to reach a verdict on those counts, which were dismissed in the interest of justice on the prosecution’s motion.) A jury convicted defendant of attempted premeditated murder (§§ 664, 187, subd. (a)) and shooting at an inhabited dwelling (§ 246). The jury also found, with respect to