People v. Swan CA5

Filed 4/23/25 P. v. Swan CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE, F087651 Plaintiff and Respondent, (Super. Ct. No. LF014605A) v.

BRANDON ARTIS SWAN, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Kern County. David R. Zulfa, Judge. Gina C. Teddington, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Louis M. Vasquez, and Jesica Y. Gonzalez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

INTRODUCTION Appellant Brandon Artis Swan was convicted by jury of inflicting corporal injury on a cohabitant (Pen. Code,1 § 273.5, subd. (a)), animal cruelty (§ 597, subd. (a)), and violating a court order (§ 166, subd. (a)(4)). He was sentenced to the upper term of four years in state prison. On appeal, Swan argues that the trial court prejudicially erred by admitting evidence of an uncharged act of domestic violence he committed against C.G., who is also the victim of the currently charged offense of corporal injury on a cohabitant. We affirm. FACTUAL AND PROCEDURAL HISTORY The Prosecution’s Case The Underlying Offenses Swan and C.G. were in a dating relationship and lived together. During their four- year relationship, C.G. secured three orders of protection against Swan, all of which were in effect at the time of the currently charged offenses. On October 7, 2023, Swan choked C.G. during an argument. He also pushed her and grabbed her arm tightly. C.G. suffered bruising on her knee and arm from the incident. On October 8, 2023, Swan and C.G. went out to eat dinner. When they returned home, C.G. stayed outside on the back patio. Sometime later, Swan came outside and told her, “ ‘Oh, by the way, Rosie is in there dying.’ ” Rosie was one of C.G.’s Chihuahua dogs. C.G. ran into her bedroom and saw blood everywhere. Rosie’s throat had been cut. Swan laughed as Rosie lay dying in C.G.’s arms. C.G. did not report this incident to police, but she kicked Swan out of their shared home.