People v. Schlapia CA3

── People v. Schlapia CA3 ── Court: California Court of Appeal Date: May 19, 2026 Category: General Filed 5/19/26 P. v. Schlapia CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) THE PEOPLE, C102466 Plaintiff and Respondent, (Super. Ct. No. 22F313) v. STEVEN RONALD SCHLAPIA, Defendant and Appellant. Following a dispute over a motorcycle, defendant Steven Ronald Schlapia shot the victim, beat and taunted him while he was disabled on the ground, and then shot him in the head, killing him. Schlapia then set the victim’s body on fire. The defense theory at trial was that Schlapia acted in self-defense. A jury found Schlapia guilty of first degree murder, torture, mayhem, assault with a semiautomatic firearm, arson, possessing a firearm as a convicted felon, and possessing ammunition as a convicted felon. On appeal, Schlapia raises numerous challenges to his convictions and sentence. He argues that the trial court incorrectly admitted a variety of impeachment evidence, improperly excluded expert testimony on the victim’s behavior, erroneously failed to instruct the jury on unanimity as to the murder count, and found true a prior strike conviction without sufficient evidence. He additionally claims that the court made improper dual use of facts, should have stayed the sentences for the assault and possession of ammunition counts under Penal Code section 654, abused its discretion in 1 declining to strike his prior strike conviction, and made several sentencing errors in the abstract of judgment and sentencing minute orders. We agree that the sentencing errors should be corrected but find no merit in Schlapia’s other claims. BACKGROUND The People charged Schlapia with murder (Pen. Code, § 187, subd. (a); count 1); torture (§ 206; count 2); mayhem (§ 203; count 3); assault with a semiautomatic firearm (§ 245, subd. (b); count 4); arson (§ 451, subd. (d); count 5); possession of a firearm as a felon (§ 29800, subd. (a); count 6); and possession of ammunition as a felon (§ 30305, subd. (a)(1); count 7).1 The People also alleged that Schlapia had been convicted of assault with a deadly weapon in 1998, a prior serious felony under section 1170.12. As to the murder count, the People alleged mayhem and torture special circumstances under section 190.2, subdivision (a)(17) and (18) and an enhancement for firearm use with great bodily injury or death under section 12022.53, subdivision (d). The People alleged the same firearm enhancement as to the torture and mayhem counts. As to the assault count, the People alleged a firearm use enhancement under section 12022.5, subdivision (a) and great bodily injury enhancements under section 12022.7, subdivisions (a) and (b). At trial, the jury heard testimony that Schlapia had known the victim less than a year. The two met when the victim helped Schlapia after his car had broken down. Schlapia visited the victim and his family several times. The victim kept a motorcycle at home that he was in the process of repairing. The day before the murder, Schlapia went to the victim’s house. Later that night, the victim’s wife heard the front door open and close twice within a short period of time and the sound of the victim’s motorcycle. The next morning, Schlapia’s car was in the driveway, and the motor