People v. Bahenavalle CA4/3

Filed 5/21/24 P. v. Bahenavalle 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, G063093

v. (Super. Ct. No. 20HF1830)

JHONATAN IVAN BAHENAVALLE, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Steven D. Bromberg, Judge. Affirmed. Christopher Love, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

We appointed counsel to represent defendant Jhonatan Ivan Bahenavalle on appeal. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d

436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), setting forth the facts of the case, raising no issues, and requesting that we independently review the entire record. We provided Bahenavalle 30 days to file written argument on his own behalf; no supplemental response has been received. We have examined the entire record and appointed counsel’s Wende/Anders brief; we find no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm. BACKGROUND On November 14, 2020, Bahenavalle attended a party at the home of Karina B. and Silvino M. in Lake Forest, California. Bahenavalle was wearing a camouflage shirt. As the party was breaking up, a fight began in the front yard. Silvino was stabbed twice, once in the right upper chest and once in the right lower abdomen. He did not see who stabbed him. Before being stabbed, Silvino did not see anyone hit Bahenavalle; nor did he see anyone hit the men who came to the party with Bahenavalle. Bahenavalle’s friend Christian T., who came to the party with Bahenavalle, was kicked or pushed to the ground and attacked during the fight; Christian did not see Bahenavalle during the fight or after Silvino was stabbed and the fight ended. Silvino was treated at a trauma hospital, spent time in the surgical intensive care unit, and had a chest tube inserted to drain blood from his chest cavity. The trauma doctor closed both stab wounds with staples. Silvino was admitted to the hospital for about five days and continued breathing therapy for five months. A surveillance camera recorded the fight. The man who could be seen in the video stabbing Silvino was wearing a camouflage shirt and an Adidas hat worn backwards on his head. Based on the surveillance tape, a sheriff’s investigator made contact with Bahenavalle on November 15, the day after the fight. At that time, Bahenavalle was wearing a camouflage shirt and an Adidas hat worn backwards on his head. Bahenavalle had injuries on the left side of his face and left shoulder. Bahenavalle