People v. Santiago CA2/8

── People v. Santiago CA2/8 ── Court: California Court of Appeal Date: April 27, 2026 Category: General Filed 4/27/26 P. v. Santiago CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, B345016 Plaintiff and Respondent, Los Angeles County Superior Court No. v. LA099208 RAFAEL SANTIAGO, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Los Angeles County, Gregory A. Dohi, Judge. Affirmed. Ryan Peabody and California Appellate Project, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________  After reviewing this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm. Statutory citations are to the Penal Code. An information charged Rafael Santiago with crimes related to a stolen car and a 2023 gun encounter. The information included a personal gun use allegation (§ 12022.5, subd. (a)), Santiago’s six prior felony convictions, and other aggravating factors. Six counts made it to trial: assault with a firearm (§ 245, subd. (a)(2)), criminal threats (§ 422, subd. (a)), possession of a short-barreled shotgun (§ 33215), felon in possession of a firearm (§ 29800, subd. (a)(1)), assault with a deadly weapon (§ 245, subd. (a)(1)), and receiving stolen property (§ 496). Before trial, Santiago made an oral motion under People v. Marsden (1970) 2 Cal.3d 118. The court heard from Santiago and kept his counsel on the case. Santiago said he wanted to represent himself but ultimately kept his counsel. At trial, the jury saw security footage of the May 2023 incident and heard from victim Jorge Portillo and his wife Fabiola Dominguez. Portillo had seen Santiago around his workplace for several weeks. A week before the incident, Santiago and two others harassed Portillo there. They called him a “fucking Mexican.” Portillo did not respond. A week later, on May 9, 2023, Portillo had finished work and was waiting to be picked up. Santiago approached him on a skateboard with an unleashed pitbull. The two men exchanged words. Santiago was acting “crazy” and “aggressive.” He repeatedly called Portillo a “fucking Mexican” and told him to go 2 back to his country. Santiago tried to hit Portillo with his skateboard — or at least held it threateningly. Portillo was afraid and called his wife. When Dominguez arrived, Portillo grabbed a hammer from his wife’s SUV and held it at his side. He may have taken a couple steps toward Santiago, who at this point was almost 40 feet away. But Portillo stayed by the SUV. His baby and older son were inside. Santiago said he was going to kill Portillo. He went to a school bus parked nearby and grabbed a shotgun. The bus had been there for several weeks; Portillo thought Santiago lived in it. Santiago raised the gun, racked it, and pointed it at Portillo for five seconds. Santiago’s acts were videotaped and were shown to the jury. Portillo quickly got into his wife’s car. He saw Santiago go back and forth between the bus and a gray Volkswagen, “getting things out” from both vehicles. Portillo had seen this car at his workplace for several weeks by then. Santiago unsuccessfully tried to start the car. Then he set off on his skateboard. Domingue