People v. Dominguez CA2/2

Filed 9/15/23 P. v. Dominguez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B321822

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA152421) v.

ANDY EMMANUEL DOMINGUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Ricardo R. Ocampo, Judge. Affirmed. Kathleen Caverly and Sydney Banach, under appointment by 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, Idan Ivri and Marc A. Kohm, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________________

Appellant Andy Emmanuel Dominguez stabbed his father. A jury convicted him of aggravated mayhem. (Pen. Code, § 205.)1 The court found he has a prior felony strike. It sentenced him to 14 years to life in prison. On appeal, he argues that (1) the court abused its discretion by refusing to dismiss his prior strike, and (2) he received ineffective assistance of counsel. We find no error and affirm the judgment. FACTS Andres Dominguez shared an apartment with appellant and the Hidalgos. Mr. Dominguez said he had an “excellent” relationship with his son, with “no issues” between them. Mr. Hidalgo testified that the Dominguezes “got along well.” On July 27, 2020, Mr. Dominguez made dinner for himself and appellant. Appellant seemed “normal.” When they finished, Mr. Dominguez said he was going to bed because he had to work the next morning. He retired to his bed to watch television. Appellant entered the bedroom, saying he heard voices. When he asked his father who he was talking to, Mr. Dominguez replied, “It’s the TV that . . . I have on right now. I’m not talking to anyone.” Appellant said, “I’m going to hit you,” and jumped onto the bed. Mr. Dominguez thought appellant was playing or “goofing around.” Then he grabbed appellant’s hand and realized that he was holding a blade. Mr. Dominguez tumbled from the bed to the floor, letting go of appellant’s hand as he fell. Appellant struck his father in the stomach with the knife. Mr. Dominguez felt the blade enter his body, leaving a 15-inch gash down to his groin. He did not try to get up. Appellant remained standing.