People v. Lamas CA5

Filed 9/3/15 P. v. Lamas CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F068166 Plaintiff and Respondent, (Super. Ct. No. F13902618) v.

FREDDIE OVALLE LAMAS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Houry A. Sanderson, Judge. Robert Navarro, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Gomes, J. and Poochigian, J.

INTRODUCTION Appellant Freddie Ovalle Lamas was convicted of first degree burglary (Pen. Code, §§ 459/460, subd. (a), count 1)1 and assault with a deadly weapon (§ 245, subd. (a)(1), count 2). Various enhancement allegations were attached to the charges, including an enhancement allegation attached to count 2 for infliction of great bodily injury (§ 12022.7, subd. (a)). On June 26, 2013, a jury found appellant guilty of both counts and all enhancement allegations were found true. Appellant was sentenced to 44 years to life with credit for 538 days in custody. Appellant contends that the evidence introduced at his trial was insufficient to prove the enhancement allegation of great bodily injury. (§ 12022.7, subd. (a)). We disagree and affirm the judgment. FACTS On April 29, 2012, Benjamin Garcia was at his apartment with his girlfriend, Frances Herrera, her daughter, and her two grandchildren. Herrera was following her two-year-old granddaughter outside of Garcia’s apartment when appellant approached them. Appellant, who lives in a trailer on the property, jumped at Herrera’s granddaughter and stated, “You better watch out.” From inside, Garcia heard Herrera respond, “Don’t be talking to [her] like that.” As Garcia approached the front door, he heard Herrera scream, “He has a knife.” Appellant was standing inside of Garcia’s security door, approximately an arm’s length away from Garcia. Appellant asked Garcia if he was “Benjamin Aladin.” Garcia understood appellant as referring to Bin Laden. Garcia asked appellant what he was