People v. Galvan CA4/3

Filed 6/6/22 P. v. Galvan CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G060948

v. (Super. Ct. No. C1886926)

RICARDO CORONA GALVAN, OPI NION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Santa Clara County, Kenneth Paul Barnum, Judge. Affirmed. Scott D. Handleman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Jeffrey M. Laurence, Assistant Attorney General, Rene A. Chacon and Masha A. Dabiza, Deputy Attorneys General, for Plaintiff and Respondent. * * *

INTRODUCTION Defendant Ricardo Corona Galvan appeals from the judgment of conviction entered after a jury found him guilty of one count each of attempted carjacking, attempted kidnapping during a carjacking, and assault with a deadly weapon. The jury also found defendant had personally used a firearm in the commission of each offense. Defendant solely challenges the sufficiency of the evidence supporting the attempted kidnapping during a carjacking conviction. Defendant argues insufficient evidence showed he had a specific intent to kidnap or that he committed any act in furtherance of a kidnapping. We affirm. For the reasons we explain, defendant’s substantial evidence challenge is without merit.

FACTS On the evening of March 17, 2018, Carlos H. walked out of his house to his car to retrieve his cellphone. Carlos got inside of his car that was parked in the driveway and called his sister; he closed the car door behind him but did not lock the car doors. While Carlos was sitting in the car on the phone, he saw defendant standing outside the driver’s side window pointing a rifle at Carlos’s head; the end of the rifle was touching the car window. Carlos did not know defendant. While holding the rifle, defendant told Carlos to either give him a ride or give him the keys to the car, “or I’ll kill you.” Carlos was frightened. After defendant told Carlos to get out of the car, Carlos stepped out of the car and put the car keys in his pocket so defendant could not get them. Carlos held his hands up while defendant held the rifle even closer to Carlos, aimed at his forehead. Carlos told defendant to wait and that Carlos was going to go inside of his house. Carlos took a step to the left toward the back of the car. Defendant pointed the rifle at the middle of the bottom part of Carlos’s