People v. Garcia CA5

Filed 10/15/21 P. v. Garcia 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F078898 Plaintiff and Respondent, (Super. Ct. No. F16902218) v.

JESSE MANUEL GARCIA, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Fresno County. Houry A. Sanderson, Judge. William I. Parks, 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 Jeffrey A. White, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Jesse Manuel Garcia was convicted of various crimes arising out of an assault and battery at a bar. The court imposed a Third Strike life sentence and ordered him to pay certain fines and fees. He now appeals that sentence. We affirm.

BACKGROUND Charges The Fresno County District Attorney charged Garcia with three crimes: felony battery (Pen. Code,1 § 243, subd. (d); Count 1), felony assault (§245, subd. (a)(4); Count 2), and robbery (§ 211; Count 3). It was further alleged Garcia personally inflicted great bodily injury (§ 12022.7; Count 2) and suffered various prior convictions. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), § 667, subd. (a), & § 667.5, subd. (a)). Trial Evidence The incident in this case took place at a bar one evening. At some point a melee broke out during which one patron was knocked to the ground and suffered a broken ankle. Multiple staff members identified Garcia as an assailant in the melee, particularly with respect to the broken ankle victim. As Garcia exited the bar, at least two staff members followed him outside. While outside, Garcia snatched the phone from one woman who was attempting to take a photograph. At the same time, the local police arrived on scene. Garcia fled, smashed the phone, and was subsequently detained and arrested. Verdict and Sentence The jury found Garcia guilty as charged. The trial court found the prior conviction allegations true in a bifurcated proceeding. Garcia was sentenced to serve 53 years to life in prison. He was also ordered to pay $10,000, $120, and $90 in separate fines and fees.2 ANALYSIS Garcia argues “the court’s failure to dismiss the prior strike offense must be viewed as an abuse of discretion, and may also amount to a denial of constitutional due