People v. Cruz CA3

Filed 1/20/23 P. v. Cruz CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C096019

Plaintiff and Respondent, (Super. Ct. No. 18FE001971)

v.

MIGUEL ANGEL PINEDA CRUZ,

Defendant and Appellant.

Defendant Miguel Angel Pineda Cruz appeals from the trial court’s March 2022 order denying his motion to correct an unauthorized sentence, made while his original appeal of his convictions was still pending. His appointed counsel has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Counsel advised defendant of his right to file a supplemental brief, and he filed a letter brief raising multiple issues. We will affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND A detailed recitation of the underlying facts and procedural history is set forth in our prior opinion in this case. (People v. Cruz (Apr. 29, 2022, C092435) [nonpub. opn.].) In sum, Maria E., who had been defendant’s romantic partner for 13 years, left him in November 2017. In response, defendant sent Maria E. text messages threatening to kill her and members of her family. Maria E. believed defendant’s threats and was afraid. In January 2018, Maria E. and a friend went to defendant’s home to retrieve some of her belongings. Defendant grew upset, pointed a gun at Maria E.’s head, rammed the tip of the gun into her forehead, and threatened to kill her and her friend. With defendant’s consent, police officers subsequently searched the home and a detached garage behind the home and found a gun and methamphetamine. Based on the text messages to Maria E. in November 2017, a jury found defendant guilty of criminal threats (Pen. Code, § 422; count one),1 and, based on the January 2018 incident, criminal threats (§ 422; count three), assault with a firearm (§ 245, subd. (b); count two), domestic violence (§ 273.5, subd. (a); count four), possession of a firearm by a felon (§ 29800, subd. (a)(1); count five), and methamphetamine possession (Health & Saf. Code, § 11377, subd. (a); count six). The jury also found true that defendant personally used a firearm in committing counts two and three. (§ 12022.5, subd. (a).) In July 2020, the trial court sentenced defendant to state prison for an aggregate term of 11 years four months as follows: (1) the middle term of six years for the assault count (count two), plus the middle term of four years for the firearm enhancement; (2) eight months consecutive for the text message criminal threats (count one); (3) two years consecutive for the criminal threats on January 30, 2018 (count three), plus four years for the firearm enhancement, stayed pursuant to section 654; (4) the middle term of three