People v. Medina CA2/6

Filed 1/26/21 P. v. Medina 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 OF THE STATE 2d Crim. No. B300830 OF CALIFORNIA, (Super. Ct. No. 18CR01185) (Santa Barbara County) Plaintiff and Respondent,

v.

DANIEL MEDINA,

Defendant and Appellant.

Daniel Medina appeals the judgment entered after a jury convicted him of assault with a deadly weapon (Pen. Code,1 (§ 245, subd. (a)(1); count 2) and found true the allegation that the crime was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(B)). Appellant admitted suffering a prior strike and serious felony conviction (§§ 667, subd. (a)(1), 1170.12, subd. (b)(1), 1192.7, subd. (c)(28)). The trial court sentenced him

All statutory references are to the Penal Code unless 1

otherwise stated.

to 18 years in state prison, consisting of the high term of four years, doubled for the strike prior, plus five years each for the gang and prior serious felony enhancement allegations.2 Appellant contends the evidence is insufficient to support the true finding on the gang enhancement allegation. He also claims the enhancement was improperly imposed under subdivision (b)(1)(B) of section 186.22. We affirm. STATEMENT OF FACTS On the night of February 3, 2018, Carlos Flores-Escamilla and his niece Jasmine Flores went to a bar in Santa Barbara. Carlos3 saw Mario Hernandez, a local rapper known as “Sad Boy” who is a member of the Eastside criminal street gang. Carlos approached Hernandez, who was sitting among a group of people,

2 Appellant and codefendant Juan Rios were charged with the attempted premeditated murder of Carlos Flores-Escamilla (§§ 187, subd. (a), 664; count 1), assault with a deadly weapon upon Callisto Caldwell (count 2), assault with a deadly weapon upon Thomas Martinez (count 3), and participation in a criminal street gang (§ 186.22, subd. (a); count 4). Prior strike and serious felony conviction allegations were alleged as to all four counts. It was further alleged as to counts 1 through 3 that the crimes were committed for the benefit of a gang, and that appellant and Rios both personally inflicted great bodily injury upon the victims of those crimes (§ 12022.7, subd. (a)). Count 1 also included a personal weapon use allegation (§ 12022, subd. (b)(1)). The jury convicted appellant on count 2 and found the attendant gang and prior conviction allegations true, but found the great bodily injury allegation not true. The jury acquitted appellant on counts 1 and 3 and was unable to reach a verdict on count 4.