People v. Zubia CA4/2

STATEMENT OF FACTS

Due to the nature of defendant’s challenge, we need not recite the facts of the case

in detail. The day before the charged offenses, defendant struck his sister and then left

the family house, an incident that was either witnessed by or known to Arturo Pacheco,

defendant’s nephew. Police were apparently called. At 2:00 a.m., Pacheco heard the

door of the home “go boom” as defendant knocked it down and entered. Defendant

approached his sister, who was present, and began to shout at her about the earlier

incident. When Pacheco went to protect her, defendant knocked him down and kicked

him repeatedly. After Pacheco tried to call 911, defendant began to kick him again,

shouting insults and obscenities. He told Pacheco that if he tried to call 911 again, “he

would f*** me up more.” Later, prior to trial, defendant told his sister to change her

1 All subsequent statutory references are to the Penal Code.

2 story and say that he was already in the home when the attack began. (Thus, arguably

negating any burglary charge.)2

DISCUSSION

The “Three Strikes Law” now imposes its more severe penalties only on those

defendants whose current conviction is for a…