People v. Salais CA2/7

Filed 6/22/15 P. v. Salais CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B260045

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA103262) v.

OSCAR SALAIS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Douglas Sortino, Judge. Affirmed. Oscar Salais, pro. per.; and Kevin Smith, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Oscar Salais was convicted following a jury trial of aggravated assault with a great bodily injury enhancement. Salais’s appellate counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436, which raised no issues, and asked this court to independently review the record. At our invitation Salais has filed a supplemental brief identifying several purported errors. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. The Information An October 2013 information charged Salais with the assault of Marco Valladarez1 by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a))2 with a special allegation Salais had personally inflicted great bodily injury on Valladarez (§ 12022.7, subd. (a)). The information also specially alleged Salais had suffered seven prior serious or violent felony convictions in August 2013 (three each for attempted murder and attempted robbery and one for possession of a sawed-off shotgun) within the meaning of section 667, subdivision (a)(1), and the three strikes law (§§ 667, subds. (b)-(j), 1170.12, subds. (a)(d)).3 2. The Pretrial Stipulations The parties stipulated at a pretrial conference there would be no reference during the People’s case to Salais’s gang affiliation or the underlying facts or nature of the crimes charged in the 2013 case in which Valladarez had testified against Salais as a victim of one of the attempted murders and attempted robberies. Those stipulations were subject to reconsideration if Salais elected to testify. 3. The Jury Trial A mistrial was declared at the start of Salais’s first trial based on newly discovered evidence (§ 1054). The case was retried to a jury in September 2014.