People v. Sanchez CA3

Filed 11/29/23 P. v. Sanchez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C097774

Plaintiff and Respondent, (Super. Ct. No. 22FE005026)

v.

VALINTINO JOAQUIN SANCHEZ,

Defendant and Appellant.

A jury found defendant Valintino Joaquin Sanchez guilty of discharging a firearm at an occupied motor vehicle, unlawful possession of a firearm by a felon, assault with force likely to produce great bodily injury, and assault with a firearm, and found true that he personally used a firearm when he committed the assault with a firearm. The trial court thereafter found true a prior strike allegation and sentenced defendant to a prison term of 18 years. Defendant appeals, arguing the prosecution presented insufficient evidence to support the conviction for assault with force likely to produce great bodily injury. Defendant further contends the amended abstract of judgment contains two

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clerical errors as to the date of sentencing and the number of presentence custody credits. We order the trial court to prepare a corrected amended abstract of judgment that reflects the correct sentencing date and presentence custody credits. We otherwise affirm. FACTUAL AND PROCEDURAL BACKGROUND Given that defendant is challenging only the assault with force likely to produce great bodily injury conviction, we relay the facts with a focus on that offense. Defendant and Veronica L. were in an on-again, off-again relationship. On March 22, 2022, Veronica and a friend drove to defendant’s mother’s house to retrieve various items. Veronica was pregnant at the time; defendant was the father. After returning home that night, Veronica called 911 to report an incident that occurred at defendant’s mother’s house. She told the operator defendant strangled her and then twice fired a gun at her car.1 Veronica called 911 approximately 30 to 40 minutes after the incident. She said she was unharmed. Sacramento Police Officer William Burton interviewed Veronica that evening. Officer Burton’s body-worn camera captured the interview, which was played for the jury during defendant’s trial. The video was not included in the record on appeal; we only have a transcript of the interview. During the interview with Officer Burton, Veronica said defendant strangled her with two hands in response to something she said and she “couldn’t breathe” for “[a] couple [of] seconds.” She told Officer Burton, “And my⸺the stuff that fell out of my hand that I had left. So then I get back up, he’s telling me to get back up off the ground, he grabs his stuff, when he grabs the stuff, he’s trying to open the door to the car.” When defendant opened Veronica’s car door, he saw Veronica’s friend inside. Defendant ran back towards the house to grab a bag. As Veronica was driving away, she saw defendant