People v. Madrigal CA2/8

Filed 1/6/25 P. v. Madrigal CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B328207

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA482074-01) v.

JOAQUIN MADRIGAL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Ray G. Jurado, Judge. Affirmed. Olivia Meme, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan S. Pithey, Assistant Attorney General, Idan Ivri and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________

INTRODUCTION The People charged Joaquin Madrigal with battery against a man. Madrigal entered into a plea agreement in which he would be released on his own recognizance, and if he obeyed all laws while awaiting sentencing, he would be sentenced to a misdemeanor and placed on summary probation. Otherwise, he would be sentenced to a felony. Prior to sentencing, Madrigal was arrested for assaulting a woman. At an evidentiary hearing, the trial court imposed a felony sentence after finding that Madrigal violated the terms of his plea agreement. On appeal, Madrigal argues the trial court denied him due process by refusing to allow the arresting officer to testify about the victim’s statement that she did not see or know who attacked her. We conclude the trial court did not err in excluding the proffered testimony, and even if it did, any such error was harmless. We accordingly affirm. FACTUAL AND PROCEDURAL BACKGROUND I. Madrigal’s plea agreement In an information filed on November 18, 2019, Madrigal was charged with one count of battery with serious bodily injury (Pen. Code1 § 243, subd. (d)). According to the preliminary hearing testimony, Madrigal grabbed the victim on the street and threw him facedown to the ground. The victim sustained a head injury, and had to be resuscitated at the scene. As passerby attended to the victim, Madrigal sat on a nearby bench until he was arrested.