People v. Calderon

214 Cal. App. 4th 656, 155 Cal. Rptr. 3d 392, 2013 WL 990917, 2013 Cal. App. LEXIS 202
CourtCalifornia Court of Appeal
DecidedMarch 14, 2013
DocketNo. B235882
StatusPublished
Cited by22 cases

This text of 214 Cal. App. 4th 656 (People v. Calderon) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Calderon, 214 Cal. App. 4th 656, 155 Cal. Rptr. 3d 392, 2013 WL 990917, 2013 Cal. App. LEXIS 202 (Cal. Ct. App. 2013).

Opinion

Opinion

ALDRICH, J.

Defendant and appellant Tomas Calderon appeals his convictions for carjacking, grand theft auto, and misdemeanor vandalism. The trial court sentenced Calderon to a term of six years in prison. In the published portion of this opinion, we conclude that Penal Code section 6541 does not bar imposition of sentence on a section 12022, subdivision (b)(2) enhancement because section 12022, subdivision (b)(2) operates as an implied exception to section 654. Alternatively, we conclude that section 654 does not bar imposition of the enhancement because section 12022, subdivision (b)(2) punishes an aspect of Calderon’s offense that is not always present in the crime of carjacking.

In the unpublished portion of the opinion, we consider and reject Calderon’s contention that the trial court committed instructional error. We agree with [659]*659Calderon that the abstract of judgment must be corrected to accurately reflect the jury’s verdicts, and order the judgment modified accordingly. In all other respects, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Facts.

a. People’s evidence.

At approximately 11:00 o’clock- on the morning of August 29, 2010, Alexander Luna, accompanied by his friend William Seney, drove his roommate’s red Honda Civic to a swap meet at a Los Angeles community college.2 Luna parked the Honda on the top level of a parking structure, locked the vehicle’s doors, and walked out to the swap meet.

Approximately 30 minutes later, Luna heard a car alarm that sounded like the Honda’s. He joked to Seney that someone was stealing his car. He and Seney walked back to the parking structure, which was crowded with vehicles arriving and leaving. Luna was surprised to see Calderon driving the Honda down an exit ramp. Luna ran to the Honda, which was stopped due to traffic in the parking structure, and jumped on the vehicle’s hood. Luna moved to the driver’s side and managed to use his key to unlock the Honda’s doors, but Calderon relocked them before Luna could get the door open. Calderon, who appeared frightened, attempted to drive away but his path was blocked by other vehicles. At Luna’s direction, Seney threw a steering lock he had just purchased towards the Honda in an effort to break the window, but missed. Luna then punched the driver’s side window in an attempt to get inside the car, breaking his wrist and fingers. Luna stood in front of the Honda to prevent Calderon from leaving, but kept moving back and forth to avoid being “run over” by Calderon. Twice, Calderon accelerated and drove at Luna. In the first instance, Calderon could have passed by Luna, but instead drove “directly towards” him. Luna was able to jump aside. In the second instance, it appeared to Luna that Calderon was not trying to hit him but was simply attempting to leave the structure. The Honda slightly hit Luna’s knee before he was able to move out of the way. Calderon kept backing up abruptly and rapidly moving forward to get around the other cars.

Meanwhile Andrew Diaz, the head security officer for the swap meet, was alerted to the incident as it was in progress. Diaz heard tires screeching and saw the Honda driving the wrong way down a ramp. Diaz yelled to Calderon to stop. Diaz testified that Calderon “tried to run [him] over,” but he moved [660]*660out of the way. By the time Calderon reached the exit, security personnel had begun lowering an aluminum “roll-up gate” to stop Calderon’s escape. Calderon drove the Honda through the gate as it was coming down, causing the Honda’s windshield to shatter and the gate to bend. Calderon then drove out of the parking lot and sped away.

A police officer observed Calderon speeding from the structure, was alerted to the situation by witnesses, and gave chase. After a brief pursuit, Calderon stopped the Honda and fled on foot. He was apprehended by officers shortly thereafter. A search of Calderon’s person revealed a “shaved” vehicle key in his pocket.3

b. Defense evidence.

Calderon’s former girlfriend, Iliana Matías, testified that Calderon was a mechanic and owned a Honda Civic, which he had rebuilt. On the morning of the incident, one of Calderon’s friends, “Johnny,” told him another friend, “Rembrer,” had just purchased a car and needed help getting it to start. Calderon left with Johnny and did not return. Calderon knew that Rembrer was a car thief, but Rembrer also purchased and repaired cars.

2. Procedure.

Trial was by jury. Calderon was convicted of carjacking (§ 215, subd. (a)), grand theft auto (§ 487, subd. (d)(1)), and misdemeanor vandalism (§ 594, subd. (a)). The jury found Calderon personally used a deadly and dangerous weapon, the automobile, during commission of the carjacking. (§ 12022, subd. (b)(2).) It acquitted Calderon on count 2 (assault of Luna with a deadly weapon) and was unable to reach a verdict on count 3 (assault of Diaz with a deadly weapon), which was dismissed on the People’s motion. The trial court sentenced Calderon to a term of six years in prison. It imposed a restitution fine, a suspended parole restitution fine, a court security assessment, and a criminal conviction assessment. Calderon appeals.

DISCUSSION

1. The trial court did not prejudicially err by failing to provide the jury with a definition of the term “force. ”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Archer CA1/2
California Court of Appeal, 2024
People v. Gillean CA6
California Court of Appeal, 2021
People v. Rang CA3
California Court of Appeal, 2021
People v. Iraheta
California Court of Appeal, 2017
People v. Dillingham CA2/3
California Court of Appeal, 2016
People v. Martin CA3
California Court of Appeal, 2016
People v. Kelly
245 Cal. App. 4th 1119 (California Court of Appeal, 2016)
People v. Brass CA4/2
California Court of Appeal, 2015
People v. Rivas
California Court of Appeal, 2015
People v. Pleitez CA2/3
California Court of Appeal, 2015
People v. Ortiz-Calderon CA1/2
California Court of Appeal, 2015
People v. Delacruz CA2/3
California Court of Appeal, 2014
People v. Bonilla CA2/2
California Court of Appeal, 2014
People v. Fair CA2/3
California Court of Appeal, 2014
Velasquez v. Superior Court
227 Cal. App. 4th 1471 (California Court of Appeal, 2014)
People v. Allen CA1/2
California Court of Appeal, 2014
People v. Kinrade CA2/3
California Court of Appeal, 2014
People v. Anderson CA5
California Court of Appeal, 2014
People v. Calloway CA2/4
California Court of Appeal, 2013
P. v. Flores CA2/3
California Court of Appeal, 2013

Cite This Page — Counsel Stack

Bluebook (online)
214 Cal. App. 4th 656, 155 Cal. Rptr. 3d 392, 2013 WL 990917, 2013 Cal. App. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-calderon-calctapp-2013.