People v. Sengsongkham CA5

Filed 4/19/22 P. v. Sengsongkham 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082938 Plaintiff and Respondent, (Super. Ct. No. F15902435) v.

LEUTH SENGSONGKHAM, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Gary D. Hoff, Judge. Philip M. Brooks, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

Defendant Leuth Sengsongkham previously appealed after he was convicted of murdering his wife and another man and was sentenced to 90 years to life in prison. On appeal, we remanded for the trial court to consider its newly granted discretion to strike the two 25-year-to-life firearm discharge enhancements pursuant to Senate Bill No. 620 (2017–2018 Reg. Sess.) (Senate Bill 620) (Stats. 2017, ch. 682, § 2, eff. Jan. 1, 2018). On remand, the court declined to strike the enhancements. Defendant appealed again, and his appointed counsel asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. BACKGROUND The following background facts, up to our remand to the trial court, are taken from our prior opinion, People v. Leuth Sengsongkham (Oct. 22, 2019, F076337) [nonpub. opn.] (Sengsongkham).

“Defendant and [Rattana] Chounramany lived together for over 30 years and raised seven children. [They considered themselves married.] In 2014, however, they began to experience [domestic] problems. Approximately six months before the events of April 18, 2015, defendant and Chounramany started sleeping in different rooms. Communication between the two diminished and they were becoming more distant. Approximately one to two months before April 18, 2015, Chounramany stopped cooking for defendant. Conversely, she began cooking for [another man—Somkeo] Thongkhamvilay, their friend and fellow farmhand who frequently attended family gatherings. A few weeks before April 18, 2015, at one such function, Chounramany was overheard telling defendant ‘he was a very jealous person,’ ‘he doesn’t know what he’s talking about,’ and ‘she was going to leave [him].’ Defendant did not respond. Instead, he remained ‘very quiet’ and ‘show[ed] no emotions.’