People v. Linsalato CA2/6

Filed 11/18/20 P. v. Linsalato CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B303159 (Super. Ct. No. KA120365) Plaintiff and Respondent, (Los Angeles County)

v.

ALEXANDER JOHN LINSALATO,

Defendant and Appellant.

Alexander John Linsalato appeals a judgment following conviction of three counts of resisting an executive officer, and one count of felony vandalism, with findings that he served two prior prison terms. (Pen. Code, §§ 69, 594, subd. (a), 667.5, subd. (b).)1 We modify the judgment to strike the prior prison term enhancements, but otherwise affirm.

All statutory references are to the Penal Code unless 1

stated otherwise.

FACTUAL AND PROCEDURAL HISTORY In the late afternoon of March 2, 2019, Linsalato tried to open the locked lobby door of the Azusa Police Station. Following his unsuccessful attempt, he threw rocks and trash at the door before walking away. Police Officers Fernando Vasconcelos, Benjamin Cypher, and Matthew Decaro pursued Linsalato as he walked, then ran, into a parking lot. The officers ordered Linsalato to stop running and lie on the ground, but he refused. Cypher caught Linsalato and pushed him to the ground. Linsalato physically resisted being handcuffed; the three officers managed to control and handcuff him. Cypher suffered an elbow abrasion during the scuffle. Video cameras captured the pursuit as well as Linsalato throwing objects and rocks at the police station lobby door. At trial, the prosecutor played the video-recordings. The jury convicted Linsalato of three counts of resisting an executive officer, and one count of felony vandalism. (§§ 69, 594, subd. (a).) In a separate proceeding, the trial court found that Linsalato served two prior prison terms within the meaning of section 667.5, subdivision (b), based upon earlier convictions for resisting an executive officer and felony vandalism. On October 11, 2019, the trial court sentenced Linsalato to a total term of five years, consisting of an upper three-year term for one count of resisting an executive officer, and upper three- year terms to be served concurrently for the remaining counts. The court also imposed two one-year terms for the prior prison terms served. The court imposed a $300 restitution fine, a $300 parole revocation restitution fine (suspended), a $160 court security assessment, and a $120 criminal conviction assessment,