People v. Navarro CA2/6

Filed 9/16/20 P. v. Navarro CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B296117 (Super. Ct. No. 2015024566) Plaintiff and Respondent, (Ventura County)

v.

JUAN MARTINEZ NAVARRO,

Defendant and Appellant.

Juan Martinez Navarro was convicted by a jury of making a criminal threat (Pen. Code,1 § 422, count 1); carrying a concealed dirk or dagger (§ 21310, count 2); battery (§ 242, count 3); exhibiting a deadly weapon (§ 417, subd. (a)(1), count 4); and a civil rights violation (§ 422.6, subd. (a), count 5). The jury also found as to count 1 that Navarro personally used a deadly weapon (§ 12022, subd. (b)(1)), and he committed a hate crime

All statutory references are to the Penal Code unless 1

otherwise indicated.

(§ 422.75, subd. (a)). As to counts 3 and 4, the jury found that he committed the crimes in violation of the victim’s civil rights (§ 422.7, subd. (a)). Navarro admitted that he had suffered a prior serious felony conviction. The trial court sentenced Navarro on count 1 to the low term of 16 months, doubled to 32 months for the prior strike, a consecutive one year for the hate crime allegation, and a consecutive five years for the prior serious felony conviction, for a total of eight years eight months. The court struck the weapon enhancement in the interest of justice. The court stayed the 32-month concurrent sentences on counts 2 and 4 pursuant to section 654. The court imposed a concurrent 32-month sentence on count 3 and 180 days on count 5. We reverse the prior serious felony conviction enhancements for a lack of proper advisements. In all other respects, we affirm. FACTS J.Z. is a biological male who has identified as a woman since age 13. She was 30 years old in 2015. In the early morning on August 2, 2015, J.Z. left Ruby’s Cafe in Oxnard and began walking to a nightclub. She was wearing a blond wig, a gold-colored silk dress, and shoes with stiletto heels. Before she got to the nightclub, she saw Navarro across the street. She had never seen him before, and he did not indicate that he knew her. Navarro ran across the street, approached J.Z. from behind, and placed his hands on her waist. He said, “[W]hat’s up girl? Do you want to drink?” He was carrying a bag with two cans of beer. J.Z. was frightened. She did not want to explain to him that she was a biological male.