People v. Nguyen CA4/3

Filed 12/17/15 P. v. Nguyen CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050161

v. (Super. Ct. No. 13WF3196)

SON HUU NGUYEN, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. James M. Crawford, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Stacy Tyler and Peter Quon, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Son Huu Nguyen of two counts of throwing a substance at a vehicle with the intent to cause great bodily injury (Veh. Code, § 23110, subd. (b); counts 1, 2), and one count of felony vandalism (Pen. Code, § 594, subd. (a)(1); count 3). The court found true allegations Nguyen had two prior burglary convictions from December 7, 1989, which are “strikes” within the meaning of the “Three Strikes” law, and had served three prior prison terms. After dismissing the prior prison term enhancements, the court imposed a total term of two years and eight months. Nguyen argues the trial court abused its discretion by admitting evidence of uncharged misconduct (Evid. Code, § 1101, subd. (b)), and by denying his motion to dismiss the prior strike allegations for sentencing purposes in the interest of justice (Pen. Code, § 1385, subd. (a)). We reject both assertions and affirm the judgment. FACTS The People’s Case In the early morning hours of September 9, 2013, Nguyen was issued a citation for throwing a rock at Juan Michel’s truck. The incident occurred on Bolsa Avenue, near the Ward Street intersection, in Westminster. As Michel waited for the emergency responders, he saw Nguyen throw a rock at another truck and break a window. On October 12, at about 5:00 p.m., Allen Serna was riding his motorcycle on Bolsa Avenue near the Ward Street intersection when he saw “a male subject on the sidewalk standing by his bicycle.” The male subject, later identified as Nguyen, made eye contact with Serna and threw a palm-sized rock at Serna’s head. Serna turned his face to avoid the rock, but it hit the back of his helmet and knocked a hole in the fiberglass. Serna, shocked and incensed, pulled over to the curb, parked his motorcycle, and walked toward Nguyen. Serna asked Nguyen what he was doing. Nguyen yelled back in a foreign language and then rode away on his bicycle. A short time later, Serna reported the incident to the Westminster Police Department.