People v. Pimentel CA5

Filed 6/23/21 P. v. Pimentel 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081286 Plaintiff and Respondent, (Kings Super. Ct. No. 18CMS6278) v.

CESAR PIMENTEL, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Valerie R. Chrissakis, Judge. Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Levy, J. and Poochigian, J.

INTRODUCTION Appellant and defendant Cesar Pimentel entered into a negotiated disposition in several unrelated cases and was sentenced to the stipulated term. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS1 On December 11, 2018, Hanford Police Officer Pacheco spoke to witness U.T., who reported she was driving in the area of Grangeville Boulevard with her children in the car. She saw a woman running because she was being chased by a gold Mercedes. U.T. provided the license plate for the Mercedes, and Pacheco learned the vehicle belonged to defendant. U.T. said she stopped and let the woman, later identified as H.D., get into her car. H.D. looked afraid. U.T. drove away, but the gold Mercedes cut in front of her vehicle and forced her to stop. Defendant got out of the Mercedes, walked up to U.T.’s car, pointed a gun at her, and said he would shoot her if she moved. Defendant then walked to the passenger side and tried to get H.D. out of the car. He threatened H.D. and told her to “watch what’s going to happen to you tonight. I’m going to kill you.” Then he drove away. U.T. dropped off H.D. at her requested location and reported the incident to the police. U.T. told the officer that she feared for her safety and that of her family because of the incident. U.T. later reviewed a photographic lineup and identified defendant as the suspect. She also reviewed a photograph and identified H.D. as the woman. Defendant was subsequently apprehended during a traffic stop.