People v. Sanchez-Garcia

• Decision Date: 24 January 2022
• Docket Number: F078939
• Citation: People v. Sanchez-Garcia, F078939 (Cal. App. Jan 24, 2022)
• Parties: THE PEOPLE, Plaintiff and Respondent, v. OSCAR SANCHEZ-GARCIA, Defendant and Appellant.
• Court: California Court of Appeals

THE PEOPLE, Plaintiff and Respondent, v. OSCAR SANCHEZ-GARCIA, Defendant and Appellant.

F078939

California Court of Appeals, Fifth District

January 24, 2022

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Kern County.No SF019281AJose R. Benavides, Judge.

Michelle T. LiVecchi-Raufi, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta and Xavier Becerra, Attorneys General, Michael P Farrell, Assistant Attorney General, Julie A. Hokans and Robert Gezi, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SMITH J.

INTRODUCTION

AppellantOscar Sanchez-Garcia was convicted of one count of making criminal threats (Pen. Code, § 422)^[1] for threatening to kill his mother.He was sentenced to the second strike term of six years in prison.

On appeal, Sanchez-Garcia contends his conviction must be reversed for insufficient evidence.He also argues the court improperly permitted the prosecution to introduce evidence that he called his mother from jail and encouraged her not to appear in court and about a prior incident when he assaulted his mother that occurred three years earlier.He separately argues his trial attorney was prejudicially ineffective for failing to request an instruction on voluntary intoxication.Finally, he contends that remand is required for the court to determine whether he has the ability to pay the restitution fine and other fees.

We conclude Sanchez-Garcia is entitled to a limited remand for the opportunity to request a hearing and present evidence demonstrating his inability to pay the court-imposed assessments.The judgment is otherwise affirmed.

FACTS

Sanchez-Garcia was 22 years old at the time of his trial in 2019.P.S., his mother, was a field worker.Sanchez-Garcia occasionally lived with his mother in Wasco.As of July 2018, Sanchez-Garcia had been living with her for about one month, and he was not working.^[2]

P.S testified that on the afternoon of July 17, 2018, she drove around for five hours because she was trying to get a loan to rent a studio apartment.Sanchez-Garcia was in the car with her; everything was fine between them.She further testified that she tried to get a loan, but "[t]hey didn't lend me anything."

Sanchez-Garcia's Statement to P.S.

After she failed to get the loan, Sanchez-Garcia asked P.S. to drive to "Broadway" in Wasco.P.S. testified that as she drove to that location, Sanchez-Garcia became angry, but they did not argue.She testified that she had not seen Sanchez-Garcia drinking while they were driving around.^[3]

P.S. testified that when they arrived on Broadway, Sanchez-Garcia told her to "to drive over to the field.Tomorrow you will know God.""[H]e said just go to the field because ma[ñ]ana you will see God."^[4] Sanchez-Garcia did not hit or strike her when he made the statement.

At trial, P.S. insisted that Sanchez-Garcia did not say he was going to kill her, she did not tell the investigating deputy that Sanchez-Garcia threatened to kill her, and the deputy's report to the contrary was not accurate.P.S. initially testified that she did not know what Sanchez-Garcia meant when he made the statement, but subsequently admitted that she thought Sanchez-Garcia was threatening to kill her.

"Q.But when he said you will see God, you thought that that was a threat?

"A.Yes."

P.S. testified she became afraid when he made the statement because he was "upset,""angry," and "furious," but she did not think Sanchez-Garcia was "capable of doing it."

P.S.'s Testimony About Sanchez-Garcia's Alleged Drug Use

As we will discuss in issue IV, post, P.S. testified that she never saw Sanchez-Garcia use drugs, but she believed he used drugs that day because "[d]rugs make him change" and make him upset and angry, and she blamed "the drugs" as the reason he made the statement.Sanchez-Garcia's threat came out of nowhere "because he was under the influence of drugs."^[5]

P.S. Drives to Her Friend's Home

At the time Sanchez-Garcia made the statement, P.S. 's home was about 10 minutes away from where she was driving.P. S. testified she decided to drive to the home of her friend, Letty, because Letty's residence was closer.She drove there because Sanchez-Garcia was upset, and she felt safer with her friend.P. S. got there within one or two minutes of when Sanchez-Garcia made the statement.

When P.S. arrived at Letty's house, she got out of the car, and Sanchez-Garcia stayed inside the car.P. S. took the car keys and ran inside Letty's home.Sanchez-Garcia did not say anything to her during the short drive or when she ran from the car.

P. S. testified Letty was home with several members of her family.P. S. told Letty and her family what Sanchez-Garcia said in the car, that he"was not in good shape, that he told me to go to the field, that tomorrow I would see God, and I suppose I thought that there was a knife[, ] but I didn't see a knife."P.S. testified she never saw a knife, and she was just guessing because of what he said about going to the field.^[6]

P.S. testified that she asked Letty to call 911 because Sanchez-Garcia was upset, and P.S. was afraid.P.S. testified that one of the people at Letty's house was "Bre," who was the girlfriend of Letty's son.P.S. also told Bre what Sanchez-Garcia said in the car.Bre acted as her interpreter, called 911, and reported the incident.

When the deputies arrived at Letty's house, P.S. initially stayed inside while Bre went outside and talked with them.P.S. then went outside and saw the deputies with Sanchez-Garcia.P. S. testified a deputy asked her questions, but he did not speak Spanish, and Bre again acted as her interpreter.

P.S.'s Recorded Statements to Deputy Pruneda

Deputy Rene Pruneda of the Kern County Sheriffs Department responded to Letty's residence in Wasco at 9:24 p.m., on a dispatch of criminal threats and that the suspect possibly had a knife; other deputies also responded to the scene.

Deputy Pruneda testified that he spoke with P.S., and she was nervous, scared, and had tears in her eyes.Pruneda understood Spanish but only "somewhat" spoke the language, and a woman at the residence helped him communicate with P. S. Pruneda asked open-ended questions for P. S. to explain what happened.Pruneda activated his department-issued body-worn camera and recorded his interview with P.S.The recording was played for the jury and the transcript was introduced.

Deputy Pruneda asked P. S. if Sanchez-Garcia had any mental problems, and she said no. Pruneda asked P. S. what happened.P. S. said Sanchez-Garcia had been with her all day, and they were trying to rent a "studio."P.S. continued:

"[H]e was with me all day.Then he bought himself a beer.He started to get agitated, 'take me here, take me here, take me,' and he began to get agitated and he told me that he was going to kill me.He said, 'go to the field, tomorrow you see God.'And I was afraid and I came over here."^[7](Italics added.)

P. S. told Deputy Pruneda that this was not the first time Sanchez-Garcia had told her this."There has been another occasion that he has said he wanted to kill me.And the truth is I am afraid."

Deputy Pruneda advised P. S. that if she wanted him arrested, then they would take him to jail, charges would be filed, and she would have to testify against him.Pruneda asked if she would testify against her son.P.S. said yes.

Deputy Pruneda testified an ambulance was called to the scene to "medically clear" Sanchez-Garcia, and he was cleared.^[8]

P.S.'s Testimony About Her Prior Statements

P.S reviewed a transcript of her prior statements to Deputy Pruneda about the charged offense and insisted that Sanchez-Garcia did not say he was going to kill her.

" [THE PROSECUTOR].You didn't tell the officer, and I quote: He, referring to your son, started to get agitated, take me here, take me here, take me.And he - again, your son - began to get agitated and told me that he was going to kill me.He said, quote, go to the field.Tomorrow you see God, end quote.And I was afraid and came over here.

"A.Yes.He said all that, but he didn't say he was going to kill me.

"Q.Well, that's not the question that I'm asking you.What I'm asking you is: Is that what you told the deputy?

"A.No."

P.S. again denied making certain statements to Deputy Pruneda:

" [THE PROSECUTOR].Okay.Did you tell the officer that this is not the first time he tells me this, and I quote, because it's not the first time he tells me this.There has been another occasion- "A.No.

"Q.Did you tell [the deputy] there has been another occasion that [Sanchez-Garcia] has said he wanted to kill me?

"A.No.

"Q.Did you tell the officer: And the truth is, I'm afraid?

"A.At the time, I was afraid.

"Q.But you didn't say that he was going to kill you?

"A.No.

"Q.And you didn't say that this is not the first time he said he's wanted to kill you?

"A.There hasn't been any, no."

The prosecutor asked P.S. if she was aware that Deputy Pruneda was recording her statements.She said no.The prosecutor asked if the recording was correct.P.S. insisted Sanchez-Garcia did not say he was going to kill her, and she did not make that statement to the deputy.

Sanchez-Garcia Calls P.S.From Jail^[9]

The parties stipulated that on September 3, 2018, Sanchez-Garcia called P.S. from jail.The court took judicial notice that at the time of the call, Sanchez-Garcia's preliminary hearing was set for September 11, 2018.The recording of the call was played for the jury, and the transcript was introduced.

According to the transcript, Sanchez-Garcia asked P.S. what she knew about the case and "how much … they want[ed] to give [him]."P.S. said she would not see them...