People v. Zendejas CA2/5

Filed 7/21/22 P. v. Zendejas CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B313035

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA474528) v.

JOSE MIJEL ZENDEJAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Victor D. Martinez, Judge. Affirmed.

Richard Lennon, under the appointment of the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven E. Mercer and Peggy Z. Huang, Deputy Attorneys General for Plaintiff and Respondent.

__________________________

Jose Zendejas appeals from the trial court’s decision to revoke his probation and order execution of a previously suspended three-year prison sentence for attempted robbery. We affirm. PROCEDURAL BACKGROUND On January 19, 2019, Zendejas attempted to steal beer three times from a 7-Eleven on Whittier Boulevard in Los Angeles. He threatened both the 7-Eleven clerk and police officers. Zendejas told the clerk, “Fuck you, let me go or I am going to kill you.” When confronted by police officers, he said, “Fuck you, pigs, I know my rights, and I didn’t do shit, don’t fucking touch me or I will fuck you up, I’m from Wilmas gang.” Zendejas continued to threaten that the officers “were going to get blasted by his homies and by him” as the officers arrested him. While in the patrol car, Zendejas kicked and damaged the car’s window in an attempt to escape. An amended information charged Zendejas with six counts: attempted robbery (Pen. Code, §§ 664/211); trespass by threat (§ 601, subd. (a)); two counts of criminal threats (§ 422, subd. (a)); misdemeanor vandalism (§ 594, subd. (a)); and misdemeanor attempted escape from arrest (§ 836.6, subd. (b)).1 The information further alleged that Zendejas served a prior prison term (§ 667.5, subd. (b)), suffered two prior strike convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)- (i), 1170.12, subds. (a)-(d)), and suffered two prior serious felony convictions (§ 667, subd. (a)(1)). He pleaded no contest to attempted robbery pursuant to a plea agreement under which he would be placed on probation.