People v. Sanchez

• Decision Date: 20 June 2019
• Docket Number: F074386
• Parties: THE PEOPLE, Plaintiff and Respondent, v. ZACK SANCHEZ, Defendant and Appellant.
• Court: California Court of Appeals Court of Appeals

THE PEOPLE, Plaintiff and Respondent, v. ZACK SANCHEZ, Defendant and Appellant.

F074386

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

June 20, 2019

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Kern Super. Ct. No. BF161033A)

OPINION

APPEAL from a judgment of the Superior Court of Kern County. Gary T. Friedman, Judge.

Jerome P. Wallingford, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Stephanie A. Mitchell, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION

Around 4:25 a.m. on August 2, 2015, Leyda Zavaleta (Leyda)¹ was shot in the neck while she was at a party that she had hosted in the front yard of her house. Leyda was seriously injured but survived the wound. When the police arrived at the scene, Leyda's sister identified defendant Zack Sanchez by name as the gunman. Other party guests confirmed defendant's identity through a photographic lineup.

At trial, Leyda and her family testified that defendant had been at the party all night; he was carrying a gun in his waistband; he flashed his gun to other guests and fired a shot in the air earlier in the evening; and he shot Leyda in the neck when she told him that he had to leave.

Defendant's mother and her friend testified as prosecution witnesses that defendant suddenly arrived at the mother's apartment around 4:40 a.m. and asked them to say he had been there all night. Defendant was arrested as he left his mother's apartment. Shortly after his arrest, defendant told the police that he had been riding bicycles with friends and was never at the party. Shortly before the trial, the defense advised the prosecution that two witnesses would provide an alibi for defendant. At trial, a woman testified defendant was with her all night; they met another woman at the club where she was working; and they were never at Leyda's party.

Defendant was charged and convicted of premeditated attempted murder of Leyda and other offenses and sentenced to life with the possibility of parole after seven years.

Defendant raises two evidentiary issues on appeal. First, he contends the court abused its discretion when it granted the People's motion to introduce a very short video that the victim had taken on the night of the party. Leyda testified that the video showed defendant was there. Defendant argues the prosecutor did not timely disclosure theexistence of the video to the defense, and discovery violation was prejudicial because defense counsel learned about the video after she gave her opening statement. We will find that any error from the court's discovery and evidentiary rulings was not prejudicial under any standard of review.

Defendant's second issue is that the court abused its discretion when it granted the People's motion to introduce evidence about Facebook messages on defendant's cell phone that he exchanged with a third party who was not at the party or involved in the shooting. The messages were sent the day before Leyda's party, and defendant said he wanted to kill people. As we will explain, the court did not abuse its discretion when it admitted the Facebook messages because the evidence was relevant to intent.

We remand the matter for resentencing in light of the passage of Senate Bill No. 620 (Stats. 2017, ch. 682, §§ 1-2 (SB 620)) on the imposition of firearm enhancements, and otherwise affirm.

FACTS

Maria Zavaleta (Maria) lived in Bakersfield with her four children: 20-year-old Leyda, 16-year-old Pa., 12-year-old P., and an older daughter. Leyda's three-year-old son also lived in the house.

On the night of August 1, 2015, Leyda and Pa. invited friends to hang out at a "kickback" party at their home. Maria and P. attended the party.

Maria testified the party started around 9:00 p.m. and went on for several hours. The party was in the front yard and everyone stayed outside. There were 15 to 16 people there. There was tequila, beer, and vodka at the party, and everyone was drinking.²

Maria testified that she had 10 to 11 beers from the beginning of the party, up to the time that Leyda was shot at 4:25 a.m. Maria testified she was not drunk, and she paid attention to what was going on because she was responsible for everyone.

Leyda testified she drank tequila and beer. She could not remember how much she drank, but testified she was fully conscious and remembered everything that happened. Pa. and P. were not drinking.

The Guests

Maria testified defendant, Sergio Mendez (Mendez), and Trevon Miles (Miles) were the first to arrive. Maria did not personally know defendant, but heard Mendez and Miles call him by his full name. Maria spoke to defendant three or four times that night. Defendant did not appear intoxicated.

Pa. testified she invited Miles because he was her friend, and Miles brought defendant and Mendez. Pa. did not personally know defendant, but knew he was a friend of Miles. Pa. knew defendant's name through Facebook and recognized him when he arrived at the party. Pa. testified that when defendant initially arrived at the party, he was friendly and looked "pretty excited."

Leyda had never met defendant but knew him through Facebook and also knew that he was her sister's "ex-best friend's cousin."

Leyda testified defendant was in his early 20s with a fade haircut and no facial hair; he was wearing a white T-shirt and jeans. Maria and P. testified that defendant was wearing a white T-shirt and blue jeans, not shorts.³

Defendant Shows the Gun to Pa.'s Friends

Maria testified that defendant was hanging out at the party when three men arrived who were Pa.'s friends. The men entered the front yard and joined the other guests. Maria saw defendant walk up to the men, pull up his shirt, point to his pants, and showthem that he had a gun. Maria could see the handle of the gun over defendant's front waistband. Maria testified defendant's "walking didn't give me a good vibe." She felt he was acting territorial and as though he was "showing authority" when he approached the three men.

Maria thought defendant said something to the three men, but she could not hear anything. She testified that after defendant showed the gun, one of the men walked out of the front yard.

Maria testified that after this incident, she told Leyda she did not want any weapons at the house, and she wanted defendant "to leave or take his toy back home," referring to his gun. Maria was "pretty upset" and "screamed" at Leyda that she wanted defendant and Mendez to take their behavior somewhere else.

Maria saw Leyda talk to defendant and Mendez. Leyda then told Maria that it was okay, and they did not have the gun anymore.

Defendant and Mendez Get the Beer Pong Table

Leyda and Pa. testified that defendant and Mendez left the party to get a beer pong table from Mendez's house.⁴

Maria testified Mendez and defendant went to a car parked on the street. Mendez got into the driver's seat, and defendant was in the passenger seat. When the car was about four or five houses away, Maria saw someone lean out of the passenger window and fire two shots.

Pa. also testified that as defendant and Mendez drove away from the party, someone in the car fired a gun into the air.

Maria testified that about an hour later, defendant and Mendez returned to the party with the beer pong table and more beer. Pa.'s three male friends had left the area by the time defendant returned.

Defendant and Mendez set up the beer pong table in the middle of the front yard. Defendant, Mendez, Leyda, and several other people took turns playing beer pong.

Additional Testimony About Defendant's Gun

At trial, Pa. testified she realized at some point during the party that defendant was carrying a gun inside his front waistband. Defendant was wearing a white T-shirt, and the gun was visible underneath it. Pa. testified that defendant lifted his shirt twice that night to display the gun, and he appeared angry when he did that.

P. testified he also saw defendant "flashing" the gun during the party, and the handle was sticking out of his waistband.

P. testified he heard four gunshots fired when defendant and Mendez left in the car to get the beer pong table.

P. further testified that after they returned with the table, defendant was standing in the front yard, by a planter box, and fired one shot into the air. Defendant and his friends laughed about it.⁵

Mendez and Miles Leave the Party

Leyda and Maria testified that Mendez and Miles left the party after midnight. Mendez said he had to pick up his girlfriend from work and drove away in his car.⁶ Miles also said he was leaving and walked home because he lived in the next block. Defendant stayed at the party and did not leave with them.

Maria testified that after Mendez and Miles left, Pa.'s three male friends returned to the party. They were the same people who left when defendant showed the gun to them. They entered the front yard but stayed near the fence. The three men were laughing and talking. Defendant walked up to the three men, pulled up his shirt, and again showed his gun to them. Maria testified defendant was "just smirking" and acted "territorial," and he did not allow the men to get very far into the front yard. The three men walked into the street. Pa. talked to them and they left. Defendant remained at the party.

Maria Tells Leyda the Party is Over

Maria testified that after the second incident where defendant showed the gun to the three men, she decided to shut down the party. Maria told Leyda that the party was over, and she wanted defendant to leave. Maria...