People v. Blanco CA2/3

Filed 12/11/15 P. v. Blanco CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B256750

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA416478) v.

ISIDRO BLANCO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Jose I. Sandoval, Judge. Affirmed.

Paul J. Katz, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Appellant Isidro Blanco appeals from the judgment entered following his convictions by jury on count 1 – assault by means of force likely to produce great bodily injury, with infliction of great bodily injury, and count 2 – assault with a deadly weapon, with court findings he suffered a prior felony conviction, a prior serious felony conviction, and a prior prison term. (Pen. Code, §§ 245, subds. (a)(1) & (4), 667, subds. (a)(1) & (d), 667.5, subd. (b), 12022.7, subd. (a).) The court sentenced appellant to prison for 13 years. We affirm. FACTUAL AND PROCEDURAL SUMMARY 1. The Present Offenses. a. People’s Evidence. Viewed in accordance with the usual rules on appeal (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence at trial1 established that about 8:50 p.m. on May 4, 2013, Jackeline Trujillo, a registered nurse, was driving a car at First and Soto. Daniel Estrada, her boyfriend, was an occupant. Trujillo testified as follows. Trujillo saw a person, later identified as Ruben Medina (the victim), on the ground on the southwest corner of the intersection near the Metro station. Appellant, standing over Medina, kicked him in the head two or three times. Appellant picked up a bicycle, raised it over appellant’s head, and threw it on Medina’s head. Trujillo was little more than 36 feet from appellant and Medina, and the Metro station was well lit. Trujillo, believing appellant was going to kill Medina, told Estrada to get out the car and do something. Estrada exited and ran toward appellant and Medina. Trujillo drove closer to the southwest corner of the intersection and got a close look at appellant. Trujillo parked and exited her car. Appellant fled. Trujillo asked someone to call 911 and she tended to Medina. She did not see anyone call 911. However, police passed by and she told someone to stop the police. Trujillo told police at the scene what she had observed. She positively identified appellant in a photographic lineup and at trial.