People v. Galdamez CA3

Filed 6/30/15 P. v. Galdamez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C076249

Plaintiff and Respondent, (Super. Ct. No. CRF133752)

v.

ELBIN GALDAMEZ,

Defendant and Appellant.

A jury convicted defendant Elbin Galdamez of assault with a deadly weapon and resisting, obstructing or delaying a peace officer, a misdemeanor. In connection with the assault with a deadly weapon, the jury found that defendant inflicted great bodily injury. For the assault with a deadly weapon, the trial court sentenced defendant to state prison for the midterm of three years plus a consecutive three-year term for the great bodily injury enhancement. For resisting, obstructing or delaying a peace officer the court sentenced defendant to a concurrent term of 30 days in jail. Defendant appeals. He raises issues related only to his misdemeanor conviction for resisting, obstructing or delaying a peace officer. He contends: (1) insufficient

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evidence supports his conviction, and (2) the trial court erred in failing to give the unanimity instruction. Concluding sufficient evidence supports defendant’s misdemeanor conviction, and that the unanimity instruction was not required, we will affirm the judgment. FACTUAL BACKGROUND About 5:00 p.m. on August 17, 2013, defendant, carrying a five-inch-long knife, approached Salvador Avila Soto from behind. Soto heard footsteps, saw defendant, and, believing defendant was planning to stab him in the back, Soto turned and put up his arm. Defendant stabbed Soto in the arm and then tried to stab him in the stomach. In trying to block the knife, Soto was stabbed several times on his arms. After stabbing Soto, defendant fled to the room he rented in the backyard of Gabriel Pulido’s home located at 420 Washington Avenue. Pulido saw defendant walking from the front of the house into the backyard toward his room. Pulido told an officer that he saw defendant jump over the fence. Soto’s seven-year-old son, who witnessed the stabbing, later told an officer that defendant ran and jumped over the fence. West Sacramento Police Officers Roger Kinney, Chris Cobb, Jerry Watson, and Lindsey Lamb responded to 420 Washington Avenue and set up a perimeter. Police helicopter support arrived within five minutes. For about 10 minutes, over the public address (PA) systems of the helicopter and police cars, announcements in English were made that anyone hiding should come out and surrender. When no one surrendered, an officer and his canine searched yard to yard. After about 30 to 40 minutes, the canine found defendant hiding behind a tree in the yard of 418 Washington Avenue. When the canine bit defendant on his arm and started pulling him away from the tree, defendant surrendered, yelling “okay, okay.” At the hospital, an officer interviewed defendant in English for about 20 to 30 minutes. Defendant never indicated he did not understand English, did not ask for a Spanish translator, and gave appropriate answers to questions.