People v. Christopher CA4/1

Filed 6/18/24 P. v. Christopher CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D082182

Plaintiff and Respondent,

v. (Super. Ct. No. SCD285304)

VICTORIA CHRISTOPHER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Affirmed. Benjamin Kington, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette C. Cavalier, Warren J. Williams, and Sahar Karimi, Deputy Attorneys General, for Plaintiff and Respondent. Victoria Christopher appeals her midterm sentence, claiming the trial court erred by (1) using the wrong legal standard in determining whether her childhood trauma qualified as a mitigating factor, and (2) concluding her

trauma did not qualify her for a presumptive low-term sentence. We conclude that, even if the trial court adopted the incorrect standard, the error was harmless. We further conclude (1) the trial court did not abuse its discretion in finding that Christopher’s trauma was not a mitigating factor, and (2) even if the court did err, the error was harmless. Thus, we affirm. I. Christopher was in line at a gas station when J.L. pulled in front of her. Christopher got out of her car and demanded J.L. move his car. After he refused, she threatened to shoot him. He refused again. She then returned to her car, got a firearm, shot the front tires of J.L.’s car, and left the scene. The jury convicted Christopher, as relevant here, of shooting at an unoccupied vehicle (Pen. Code, § 247, subd. (b); count 1); possession of a firearm by a felon (§ 29800(a)(1); count 2); discharging a firearm in a grossly negligent manner (§ 246.3(a); count 3); and attempted making of a criminal threat (§§ 664, 422; count 4). Further, the jury found true the allegations that Christopher personally used a: (1) deadly weapon, as to counts 1 and 3 (Pen. Code, §1192.7(c)(23)), and (2) firearm, as to count 4 (§ 12022.5(a)). The trial court also found true beyond a reasonable doubt the allegations that Christopher had a serious felony prior (§ 667(a)(1)) and a strike prior (§§ 667(b)-(i), 1170.12, 668). At Christopher’s initial sentencing hearing, the trial court denied Christopher’s motions to dismiss her strike prior and the serious felony prior enhancement, given her history of aggression and numerous convictions of increasing seriousness. The court imposed a total prison term of 10 years and 4 months, comprised, as relevant, of: the midterm sentence of 2 years on count 1, doubled to 4 years given Christopher’s strike prior; a consecutive