People v. Evansco CA3

Filed 4/3/24 P. v. Evansco CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C098224

Plaintiff and Respondent, (Super. Ct. No. 21FE007672)

v.

JONATHAN EVANSCO,

Defendant and Appellant.

Defendant Jonathan Evansco appeals from his conviction for assault with a deadly weapon. He contends the trial court erred in denying his motion to strike the prior serious felony enhancement. We will affirm. I. BACKGROUND In October 2020, defendant was at his girlfriend’s house when they got into an argument. The girlfriend called her adult son and said defendant was “being crazy” and breaking things in the house. Distraught, the girlfriend left and met up with her son at his home nearby. The girlfriend continued to argue with defendant over the phone, and she

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asked him to leave her home because her son was coming over. Defendant threatened to kill the son. The son decided to go to his mother’s home and ask defendant to leave, and his mother and his girlfriend decided to come too. Fearing the situation might become violent, the son also asked his three roommates to join him, and he brought a baseball bat “just in case.” His roommates also brought baseball bats. When they arrived, the son saw defendant’s car still parked outside. Upset, the son used his baseball bat to break off the side-view mirror. The son and his three roommates went inside the home and found flour and coffee creamer all over the floor and a television lying on the floor. Defendant tried to explain himself, but the son told defendant to leave. Defendant grabbed some of his stuff and went outside. When defendant got outside, he noticed his damaged car. Defendant got into the car, and the son and his roommates stood in front of it as defendant started to reverse out of the driveway. The son was yelling at defendant when defendant suddenly switched gears and began driving forward directly toward the son. The son tried to run away, but defendant pursued and then hit him with the car with such force that the son fell to the ground between the car’s tires. Luckily, the son was uninjured. Fearing the son was stuck under the car, one of the son’s roommates ran toward the car and struck the driver’s side window with a baseball bat. Defendant started reversing the car. The roommate fell to the ground, and defendant ran over the roommate’s leg. Meanwhile, a second roommate jumped on the hood of the car and started striking the windshield with a knife. The son then stood up, ran toward the car, and started hitting it with a baseball bat. Defendant continued driving away, and the second roommate fell off the hood. Defendant then drove away.