People v. Pompa CA4/2

Filed 2/10/15 P. v. Pompa CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, G050441

v. (Super. Ct. No. RIF1202010)

MARIO RIVAS POMPA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Riverside County, Charles J. Koosed, Judge. Affirmed. Christopher Nalls, 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, Tami Falkenstein Hennick and Junichi P. Semitsu, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted defendant Mario Rivas Pompa of attempted murder (count 1), and five counts of assault with a deadly weapon, to wit, a car (counts 2 through 6). The trial court sentenced defendant to 13 years in state prison. Defendant contends the court’s failure to give a unanimity instruction constituted prejudicial error and that insufficient evidence supported the assault with a deadly weapon counts. We disagree and affirm the judgment.

FACTS

After 25 years of marriage, Imelda Pompa divorced defendant due to his cocaine addiction and refusal to seek treatment. She moved herself and their four children and granddaughter out of the family home into an apartment. Unless Pompa saw defendant was under influence of drugs, she allowed him to help care for their youngest son. On the morning he committed the charged crimes, defendant threatened Pompa that she would lose her home, kids, and job if she did not allow him into the apartment. When Pompa refused to let him take their youngest son, defendant said that would be the last time she hugged him. Around 10:00 p.m. that evening, defendant returned to Pompa’s apartment complex where Nakita Manai was sitting in her car. Defendant smashed his car into Pompa’s parked car, pinning it against a tree. Manai had never seen defendant or his car before and began driving away. Defendant followed and struck the back of her car. Manai pulled over to the side of the road, thinking she “was just in his way.” But defendant came at her fast and looked like he was going to hit her so she pulled out onto the road and pressed on the gas. Defendant rammed her car two more times. When Manai slowed down for a sharp curve, defendant clipped her back bumper causing her car to flip over a curb and roll several times onto a grassy area.