People v. Flores CA4/1

Filed 2/13/25 P. v. Flores CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084091

Plaintiff and Respondent,

v. (Super. Ct. No. SCD301574)

ABRAHAM ALEXANDER FLORES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Joan P. Weber, Judge. Affirmed. Abraham Alexander Flores, in pro. per.; and Jo Pastore, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Abraham Alexander Flores appeals the judgment sentencing him to prison after a jury found him guilty of inflicting corporal injury on a spouse with a prior conviction of the same offense. After his appointed counsel filed a brief raising no claims of error pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), Flores filed a supplemental brief in which he claimed

the evidence was insufficient to sustain the conviction and trial counsel was ineffective. We affirm the judgment. BACKGROUND Based on a report of physical abuse and verbal threats by Flores’s wife, Irene Olvera, police arrested Flores. The People charged him with inflicting corporal injury on a spouse (Pen. Code, § 273.5, subd. (a); subsequent section references are to this code) and making a criminal threat (§ 422). They alleged Flores had a prior conviction of inflicting corporal injury on a spouse within seven years of the current offense (§ 273.5, subd. (f)(1)) and had two prior convictions that qualified as strikes under the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12). As aggravating circumstances for sentencing, the People alleged Flores had served prior prison terms and was on probation when he committed the current crimes. (Cal. Rules of Court, rule 4.421(b)(3), (4).) Flores pled not guilty. The trial court found he violated the terms of probation in a prior case, revoked probation, and sentenced him to prison for seven years in the prior case. The court granted Flores’s motion to dismiss the criminal threat charge. (§ 995, subd. (a)(2)(B)). The case proceeded to a jury trial on the infliction of corporal injury charge and attached allegation. Olvera testified she and Flores were married and living together on October 20, 2023. While she was in the bathroom brushing her teeth on that evening, he burst in and angrily shouted at her. When Olvera exited the bathroom, Flores followed and continued shouting at her. He tried to “headbutt” her, but she blocked him with her arms. Flores “got really upset,” shouted obscenities at Olvera, and “started hitting [her].” With clenched fists, he struck her arms and back of the head six to eight times. Flores grabbed Olvera’s hair with both hands and tried to strike her head with his