People v. Sango CA5

Filed 10/8/21 P. v. Sango 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F079590 Plaintiff and Respondent, (Super. Ct. No. F18905120) v.

STACEY ADAM SANGO, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Fresno County. F. Brian Alvarez, Judge. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Clara M. Levers, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Stacey Adam Sango was convicted by jury of assault with force likely to cause great bodily injury. He now challenges that conviction claiming the trial court erroneously excluded evidence relevant to determining the force with which he

committed the assault. He also takes issue with certain fines and fees imposed as part of his sentence. We affirm. BACKGROUND Charges The Fresno County District Attorney charged Sango with two crimes, felony domestic violence (Pen. Code,1 § 273.5, subd. (a); Count 1) and felony assault (§ 245, subd. (a)(4); Count 2). The charges included enhancements for great bodily injury (§ 12022.7) and various prior convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), & 667, subd. (a).) Trial Evidence The victim testified she was involved in a friendly, sometimes sexual, relationship with Sango. Late one evening, Sango arrived at the victim’s apartment. An altercation occurred and Sango “punched” the victim “in [the] face” with “full force.” She suffered a broken jaw. Sango testified and admitted striking the victim. He claimed, however, he merely “slapped” her in an attempt to “get her out [of] the way.”2 He denied hitting her forcefully. Verdict and Sentence Sango was acquitted of felony domestic violence (Count 1) and found guilty of battery3 and assault with force likely to cause bodily injury (Count 2). The jury found true the great bodily injury enhancement, and the court later found true the prior convictions. Sango was sentenced to serve 16 years in state prison.