People v. Salazar CA3

Filed 11/25/24 P. v. Salazar CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C100121

Plaintiff and Respondent, (Super. Ct. No. 21FE019908)

v.

OSCAR NUNEZ SALAZAR,

Defendant and Appellant.

A jury found defendant Oscar Nunez Salazar guilty of corporal injury and assault by means of force likely to produce great bodily injury. Defendant argues the trial court abused its discretion by admitting evidence of prior uncharged acts of domestic violence against the victim. We affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND I The Charges In December 2021, defendant was involved in an altercation with his dating partner, T.D., at their apartment resulting in the charges in this case (December incident). At trial, defendant and T.D., who began dating in June 2021, presented two distinct versions of the December incident. T.D. testified that she and defendant got into a verbal argument that became physical when defendant shoved her from the couch, causing her to hit her head on the floor and temporarily lose consciousness. According to T.D., defendant then climbed on top of her and struck her with his hand multiple times, scratched her nose in an attempt to gouge her eye, and bit her fingers before repeatedly banging her head on the floor, causing her to lose consciousness again. The struggle continued when T.D. attempted to get her green card and passport from a safe in the bedroom. There, defendant threw her on the bed and began choking her to the point of near unconsciousness. Defendant testified that after the verbal argument began, he attempted to leave the apartment. T.D. sat on his lap and tried to make him stay. T.D.’s injuries, defendant testified, occurred when he stood up and caused them both to fall from the couch onto the floor. Defendant explained that T.D. followed him into the bedroom and continued the altercation but at no point did he strike, strangle, scratch, or bite her. Photographs cataloguing T.D.’s injuries including scratches to her neck, face, hands, and arms; a cut on her nose; a swollen eye; bruising on her neck, arms, hands, and face; and cuts and bruising on her fingers were admitted into evidence. Sacramento Police Officer Celina Fuerte, the officer who made contact with T.D. after the December incident, testified she observed “redness and bruising, along with a scratch to [T.D.’s] left eye”; scratches on T.D.’s forehead; bruising on her neck, arms, and legs; and bite marks on her fingers.