People v. Cabrera CA5

Filed 5/16/16 P. v. Cabrera 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069701 Plaintiff and Respondent, (Super. Ct. Nos. VCF260829A, v. VCF247612)

ADRIAN ESPINOZA CABRERA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Valeriano Saucedo, Judge. Randy S. Kravis, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Detjen, J. and Peña, J.

In case No. VCF247612, appellant Adrian Espinoza Cabrera pled no contest to dissuading a witness (count 1/Pen. Code, § 136.1, subd. (c)(1))1 and misdemeanor making criminal threats (count 5/§ 422). In case No. VCF260829A, he pled no contest to loansharking (count 1/Civ. Code, § 1916-3, subd. (b)), extortion (count 3/§ 520), and inducing a minor to commit a felony (count 5/§ 653j, subd. (a)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY Case No. VCF247612 On the evening of November 14, 2010, Cabrera and two armed suspects knocked on the door of the house where J.H. and B.T. lived and called out the name “Pedro.” When J.H. pulled back the curtain on a window to look outside, Cabrera struck him on the forehead with the butt of a shotgun through the window screen. Cabrera then told J.H., “Come out. I’m go[ing to] kill you and your whole family.” While J.H. ran to the kitchen to get a knife, Cabrera broke open the front door. B.T. told Cabrera, “Please[,] I have my babies.” The two other suspects then broke the front window and Cabrera fled with them in a car. Cabrera was arrested on November 15, 2010. On July 15, 2011, J.H. was in custody on an unrelated matter when he testified at Cabrera’s preliminary hearing. As J.H. was being transported back to jail in the same van as Cabrera, Cabrera told J.H. that he was going to have J.H.’s wife raped and his family killed if J.H. continued with his testimony. Cabrera then sat down with two subjects and told them in Spanish that he would pay them to harm J.H. On December 19, 2011, the district attorney filed a first amended information in case No. VCF247612, charging Cabrera with two counts of dissuading a witness (counts 1, 2/§ 136.1, subd. (c)(1)); threatening a witness (counts 3, 4/§140, subd. (a)); making