People v. Sanchez CA2/8

Filed 9/3/15 P. v. Sanchez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B260124

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA096496) v.

FELIX SANCHEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Richard R. Romero, Judge. Affirmed.

Alan E. Spears, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

__________________________

Defendant Felix Sanchez appeals from his convictions of felony vandalism and misdemeanor assault. Based on our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 442, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Viewed in accordance with the usual rules on appeal (People v. Zamudio (2008) 43 Cal.4th 327, 357–358), the evidence established that, upon arriving at the home of his ex-girlfriend, Noel Becnel, at about 3:00 a.m. on May 27, 2013, defendant discovered Christopher Sosa hiding in a walk-in closet in the bedroom. A physical altercation followed, involving defendant, Sosa and Becnel. During the altercation, Sosa was trapped in the closet. There was conflicting evidence as to whether defendant punched Becnel in the face with a closed fist, hit Sosa and Becnel with a metal closet pole and threatened to shoot Sosa. Eventually, Sosa escaped from the closet and ran to his truck. It was undisputed that defendant followed Sosa and used a metal pole to ravage the truck, causing several thousand dollars in damage. Sosa’s physical injuries included a twisted ankle and torn ligaments sustained when he fell down the front steps as he was running away, as well as bumps on his head and bruises on his back where the pole hit him. By the time the two police officers responding to a reported assault with a deadly weapon in progress arrived, defendant was gone. The description of events Becnel and Sosa gave the officers at the scene was generally consistent with Sosa’s trial testimony. In addition to a bleeding leg wound, officers observed scratches on Sosa’s arms and back, but no wounds on his face. They observed scratches on Becnel’s back, bruises on her arms and abrasions on her stomach. Photographs of these injuries taken by the officers were introduced into evidence. Becnel testified that on May 26, she encountered defendant, her ex-boyfriend, at a brunch. When the brunch ended at 5:00 p.m., they made vague plans to get together later that day. Becnel spent the rest of the day drinking with friends. Sometime before midnight, Becnel was intoxicated when she either called or texted defendant to come over, but she later rescinded that invitation. Becnel was still intoxicated went she went to