People v. Zapata CA1/3

Filed 9/17/15 P. v. Zapata CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A139209

v. BERNARDO SANCHEZ ZAPATA, (Contra Costa County Super. Ct. No. 51220763) Defendant and Appellant.

This is an appeal from judgment after a jury convicted defendant Bernardo Sanchez Zapata of second degree robbery (three counts), false imprisonment by force (one count), and attempted carjacking (one count), with enhancements as to each count for personal use of a deadly weapon (to wit, a knife). Defendant challenges the judgment on grounds that include ineffective assistance of counsel, failure to instruct the jury on voluntary intoxication, prosecutorial misconduct, cumulative error and sentencing error. For reasons set…