People v. Navarro CA2/4

Filed 1/29/16 P. v. Navarro CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B258937

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA092590) v.

VICTOR RAMON NAVARRO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Dorothy L. Shubin, Judge. Affirmed. Law Offices of Robert C. Moest, Robert C. Moest, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant Victor Navarro appeals from the judgment entered following his conviction by jury on one count of criminal threats. (Pen. Code, § 422, subd. (a).)1 Defendant’s counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. FACTUAL AND PROCEDURAL HISTORY On April 22, 2014, defendant was charged by information with one count of criminal threats in violation of section 422, subdivision (a). Defendant pled not guilty to the charge. Jury trial commenced on July 14, 2014. The prosecution presented evidence that on March 8, 2014, defendant engaged in a heated argument with Manuel Barrientos, who was working as a gardener next door to defendant’s home. Barrientos testified that defendant told him to stop using a leaf blower, as it was dirtying laundry drying in defendant’s yard, but Barrientos refused. Defendant then confronted Barrientos as Barrientos was standing near his truck getting ready to leave. According to Barrientos, defendant approached him angrily, pulled out a switchblade knife from his pocket, opened it, and said “I’m in front of my house. Otherwise, I would stab you right now.” Defendant did not point the knife at Barrientos, but Barrientos testified that he was in fear for his safety. He told defendant to “do it,” and defendant responded “Not now because I’m in front of my house. . . . I will see you another day in another street [sic]. I will have a gun, and I’m going to kill you.” Defendant put his knife back in his pocket and went back inside his house, then Barrientos called the police. Officers from the Sierra Madre Police Department arrived and arrested defendant. They testified that defendant denied brandishing a weapon at Barrientos and denied having a knife in his home. Defendant consented to a search of his residence; during that search, police officers recovered a switchblade knife in a bedroom closet. Officers