People v. Yi CA3

Filed 3/29/24 P. v. Yi CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C098349

Plaintiff and Respondent, (Super. Ct. No. 20FE009058)

v.

JOSEPH YI,

Defendant and Appellant.

A jury found defendant Joseph Yi guilty of voluntary manslaughter and found true a weapon allegation, as well as an aggravating circumstance allegation that defendant used a weapon during the commission of his offense. The trial court further found true as aggravating circumstances that defendant was on probation at the time of the offense and had served a prior term in jail. The trial court weighed the aggravating circumstances against the circumstances listed in defendant’s statement in mitigation and sentenced defendant to the upper term of 11 years, plus one year for the weapon enhancement, for a

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total of 12 years in prison. Defendant appeals and argues the court abused its discretion when weighing the circumstances. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND In June 2020, Yeng T. met defendant at defendant’s motel room. Although the two were friends, defendant was afraid of Yeng because Yeng spent time in prison, claimed to be affiliated with a gang, and had made threatening statements to others. Defendant and Yeng left the motel room and went for a drive in search of heroin. Yeng drove erratically, which caused defendant to think they were going to crash. Defendant grabbed the steering wheel but overcorrected and crashed the car. Yeng then told defendant, “[Y]ou’re a dead man,” which defendant understood to be a death threat. Defendant and Yeng fought inside the car before defendant armed himself with a knife, got out of the passenger side, ran around the vehicle, and smashed the driver’s side window. Yeng moved over to the passenger side as defendant entered the driver’s side, and defendant stabbed Yeng seven times. Yeng got out of the car and defendant chased Yeng around the car before getting in the car and driving away. Yeng died from the wounds defendant inflicted. At defendant’s sentencing hearing, the trial court acknowledged several circumstances raised in defendant’s statement in mitigation: (1) Defendant’s prior felony and misdemeanor convictions were not violent in nature; (2) defendant had substance abuse problems; and (3) defendant suffered childhood trauma. The trial court nonetheless imposed the upper term of 11 years for the voluntary manslaughter conviction because defendant was on probation at the time of the offense and had served two prior jail terms pursuant to Penal Code section 1170, subdivision (h).1 The trial court