People v. Rendon CA2/3

Filed 2/17/16 P. v. Rendon CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B259663

Plaintiff and Respondent, Los Angeles County Super. Ct. No. VA133176 v.

ALEX ROBERT RENDON, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert J. Higa, Judge. Affirmed with directions. Correen Ferrentino, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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INTRODUCTION Following a jury trial, defendant Alex Robert Rendon, Jr. was convicted of assault with a deadly weapon and sentenced to 15 years in prison. We direct the trial court to correct the abstract of judgment to reflect the oral pronouncement of sentence. In all other respects, we affirm. PROCEDURAL BACKGROUND By information filed April 11, 2014, defendant was charged with two crimes related to the beating of Francisco Orlando Sanchez. Count 1 charged defendant with attempted first-degree murder (Pen. Code,1 § 664/187, subd. (a)), and alleged defendant personally used a deadly weapon—a pipe (§ 12022, subd. (b)(1)). Court 2 charged defendant with assault with a deadly weapon (§ 245, subd. (a)(1)), and alleged defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)). The information also alleged one strike prior (§ 667, subds. (b)–(i), § 1170.12, subds. (a)--(d)), one serious felony prior (§ 667, subd. (a)(1)), and four prison priors (§ 667.5, subd. (b)). Defendant pled not guilty and denied the allegations. The trial court bifurcated trial on the prior-conviction allegations. After a trial in which defendant testified in his own defense, a jury found defendant guilty of count 2 (§ 245, subd. (a)(1)) and found its related great bodily injury allegation true (§ 12022.7, subd. (a)). The jury could not reach a verdict on count 1. After the jury was excused, the court dismissed count 1. Defendant waived jury trial on the prior-conviction allegations. After a court trial, the court found three prior convictions true. The court determined the prosecution had not presented evidence to support the fourth conviction, and found that allegation not true. The court denied defendant’s motion to dismiss the strike priors, and sentenced him to 15 years. The court selected count 2 (§ 245, subd. (a)(1)) as the base term, and sentenced defendant to six years (the middle term of three years, doubled for the strike