People v. Pena CA4/1

Filed 6/18/24 P. v. Pena CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083317

Plaintiff and Respondent,

v. (Super. Ct. No. RIF2101762)

CHRISTOPHER JOHN PENA, SR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside, Steven G. Counelis, Judge. Affirmed. Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

A jury convicted Christopher John Pena, Sr. of kidnapping (Pen. Code,1 § 207, subd. (a); count 1), making a criminal threat (§ 422; count 4), and assault (§ 240; count 5). Pena admitted to four aggravating factors, and the court sentenced him to the upper term of eight years on count 1. The court

1 Statutory references are to the Penal Code unless otherwise specified.

imposed concurrent sentences of two years on count 4 and 180 days on the misdemeanor count 5 conviction. Pena filed a timely notice of appeal. Pena’s counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders) to determine whether there are any arguable issues for review. We sent Pena notice that his attorney had filed a Wende brief and provided him with the opportunity to file a supplemental brief. He has not responded. After our independent review of the record, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND A. Prosecution’s Case Pena had been dating Lindsey H. on and off for seven years. On April 30, 2021, they decided to drive from Anaheim to Pechanga Casino. Lindsey drove her white Kia and Pena soon fell asleep in the passenger seat. Lindsey had taken medication that morning to treat a past opioid addiction and had some Jack Daniels and Coke, which she brought with her in the car. Pena had consumed a few beers. After driving for a couple of hours, Lindsey pulled off the highway into a shopping center. She gave Pena $20 and asked him to buy some tacos at a Mexican restaurant. They got into a small argument when he came out, and Lindsey said, “Well, you don’t have to be here if you don’t want to be.” At that point, Pena got out of the car, and Lindsey pulled away. When she reached a nearby stop sign, Pena jumped in front of her car and said, “Stop. . . . My phone is in your car.” Lindsey didn’t see the phone and he started to yell, so she asked him to move. When he did not move, she told him she was going and let her foot off the brake. Her car rolled forward, and Pena jumped to the side, screaming that her car had run over his foot.