People v. Matta CA3

Filed 9/8/16 P. v. Matta CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C078970

Plaintiff and Respondent, (Super. Ct. No. 13F04934)

v.

ELIZA AZUCENA MATTA,

Defendant and Appellant.

A jury convicted defendant Eliza Azucena Matta of assault with a deadly weapon, to wit, a knife (Pen. Code, § 245, subd. (a)(1)—count five) 1 and assault with force likely to produce great bodily injury (§ 245, subd. (a)(4)—count four). On appeal, defendant contends that one of her convictions for violating section 245 must be reversed because it is duplicative. We agree and will reverse defendant’s conviction on count four and its

1 Undesignated section references are to the Penal Code.

1

enhancement. We also order dismissal of the same and a corresponding amendment of the abstract of judgment. I. BACKGROUND At about 4:20 p.m. on January 30, 2013, Angelita Pulido was driving her car on Interstate 5 in Sacramento. Her sister, Elizabeth Vasquez, and Vasquez’s son were in the car with Pulido. Defendant, driving her van with her 15-year-old daughter and her daughter’s friend as passengers, entered the highway and almost hit Pulido, who swerved to avoid a collision. Pulido became enraged as did Vasquez. Pulido followed defendant’s van when she exited the highway. At a red light, Pulido got out of her car and yelled “my nephew’s in the car, bitch.” Defendant got out of her van and approached Pulido. Pulido grabbed defendant by the hair and the two began to fight. Defendant pulled out a knife and stabbed Pulido. Meanwhile, Vasquez and defendant’s daughter had both gotten out of their respective vehicles and started to physically fight. After defendant stabbed Pulido, defendant yelled, “Get off my daughter, bitch,” ran over to Vasquez, and stabbed her in the back and front. Vasquez suffered four stab wounds and a collapsed lung. Count four charged defendant with assaulting Vasquez by means of force likely to produce great bodily injury. (§ 245, subd. (a)(4).) Count five charged defendant with assaulting Vasquez with a deadly weapon or instrument other than a firearm, to wit, a knife. (§ 245, subd. (a)(1).) In connection with count four, it was alleged that defendant personally used a deadly and dangerous weapon. (§ 12022, subd. (b)(1).) In connection with count five, it was alleged that defendant personally inflicted great bodily injury. (§ 12022.7, subd. (a).) The jury convicted defendant on counts four and five and found their respective enhancements to be true.2