The People v. Garcia CA2/8

Filed 10/3/13 P. v. Garcia CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B242610

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA093956) v.

ROGELIO LUIS GARCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Robert M. Martinez, Judge. Affirmed.

Kimberly Howland Meyer, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Stephanie C. Brenan and Esther P. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

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Rogelio Garcia appeals from a judgment that sentences him to 11 years in state prison for making criminal threats, inflicting corporal injury on his girlfriend of six years and committing second degree robbery. Garcia contends there was insufficient evidence to support his conviction for those crimes. We affirm the judgment. FACTS Garcia was charged in an information dated July 7, 2011, with making criminal threats in violation of Penal Code section 422 (count 1),1 inflicting corporal injury to spouse/cohabitant/child’s parent in violation of section 273.5, subdivision (a) (count 2), kidnapping in violation of section 207, subdivision (a) (count 3) and committing second degree robbery in violation of section 211 (count 4). The information further alleged that as to all counts, Garcia suffered prior convictions pursuant to sections 667, subdivisions (b) through (i), 667.5, subdivision (b) and 1170.12, subdivisions (a) through (d). As to counts 1, 3 and 4, the information alleged that Garcia had suffered prior convictions of a serious felony pursuant to section 667, subdivision (a)(1). A jury trial commenced on February 22, 2012. At trial, the prosecution presented evidence that Garcia assaulted and threatened Jane Doe, with whom he had a six-year relationship. Doe was reluctant to testify against Garcia, stating, “I’m afraid something can happen. I don’t want anyone to get in trouble.” Indeed, Doe had previously told police that she did not want to prosecute, indicating that she was frightened that Garcia would hurt her in retaliation for prosecuting him. Doe also wrote four or more letters to the court and police asking the charges against Garcia be dropped. When she was called to the stand by the prosecutor, Doe testified that she could not recall anything of the night in question. As a result of Doe’s unwillingness to testify, the prosecution presented evidence of the relevant events primarily through hearsay statements made by Doe to the police officers investigating the incident, as set forth below.