People v. Angel CA4/3

Filed 3/17/23 P. v. Angel 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061670 Plaintiff and Respondent, (Super. Ct. No. 21CF1942) v. OPI NION DAVID ANOTA ANGEL,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Michael J. Cassidy, Judge. Affirmed. Jeffrey Manning-Cartwright, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

In 2022, defendant David Anota Angel (Angel) was charged by an amended information with three felonies (counts 1, 2, and 3), and three misdemeanors 1 (counts 4, 5, and 6) as follows: count 1, attempted murder (Pen. Code, §§ 664, subd. (a), 187, subd. (a)); count 2, domestic battery with corporal injury (§ 273.5, subd. (a)); count 3, criminal threats (§ 422, subd. (a)); count 4, violation of protective order (§ 166, subd. (c)(1)); count 5, false imprisonment (§ 236); and count 6, possession of controlled substance paraphernalia (Health & Saf. Code, § 11364, subd. (a)). The information also alleged, as to counts 1, 2, and 3, that Angel inflicted great bodily injury related to acts of domestic violence (§ 12022.7, subd. (e)), and two factors in aggravation identified in California Rules of Court, rules 4.421(a)(1), (b)(1). Count 6 and the alleged aggravating factors were bifurcated for trial. Angel ultimately agreed to a court trial on the aggravating factors. Angel’s jury trial commenced in June of 2022. After considering the evidence presented, the trial court struck the great bodily injury enhancement related to count 3. Count 6 was dismissed on the prosecutor’s motion. The jury thereafter found Angel not guilty of count 1, attempted murder, and count 3, making criminal threats. The jury convicted Angel of count 2, domestic battery; count 4, violating a protective order; and count 5, false imprisonment. The jury also found true the great bodily injury enhancement as to count 2. After the court trial on the aggravating factors was conducted in August of 2022, the trial judge found true as to count 2 the aggravating factor based on California Rules of Court, rule 4.421(a)(1), and not true as to the same count the aggravating factor related to rule 4.421(b)(1). The court then sentenced Angel to two years on count 2, plus three consecutive years for the great bodily injury enhancement related to that same