People v. Zunzachan CA4/3

Filed 1/31/23 P. v. Zunzachan 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061163

v. (Super. Ct. No. 20CF1158)

ROGER ALBERTO ZUNZACHAN, OPI NION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Andre Manssourian, Judge. Affirmed. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Michael D. Butera, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Roger Alberto Zunzachan appeals from a life sentence following his conviction for, among others, aggravated mayhem. He contends the aggravated mayhem conviction must be reversed because there was insufficient evidence to support the jury’s implied finding he acted with the specific intent to cause a maiming injury. As discussed below, we conclude substantial evidence supported the jury’s finding because the evidence showed the attack was not an indiscriminate explosion of violence, but a targeted, controlled attack. Accordingly, we affirm.

I FACTUAL AND PROCEDURAL BACKGROUND On the evening of March 31, 2020, Jose R. was driving with his three-year- old son in the backseat when he observed appellant’s truck weaving erratically through traffic. Because other vehicles began avoiding the truck, Jose ended up directly behind it. When the truck stopped at an intersection and did not move after the light changed to green, Jose honked his horn several times. The truck moved forward slowly before stopping in the middle of the intersection. Appellant then exited the truck and unsteadily approached Jose, holding a black folding knife in his left hand. Jose attempted to roll up his car window, but appellant stuck his arm inside, causing the window to roll down. After cursing at Jose, appellant repeatedly slashed at his face. Jose described appellant’s actions as “throwing random knife hooks.” When Jose tried to grab the knife, appellant sliced his right hand. Jose also attempted to protect himself with his left hand, but suffered injuries to his triceps, forearm and wrist. Finally, Jose was able to force the car door open, causing appellant to fall. Appellant then fled the scene in his truck. Appellant inflicted eight lacerations, including Jose’s right eyebrow, left cheek and across the top of his nose. The cuts caused Jose’s eyebrow to hang over his eye, and his cheek was sliced in two. Jose received multiple stitches for his arm and