People v. Escobar CA4/1

Filed 7/21/25 P. v. Escobar CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D085996

Plaintiff and Respondent,

v. (Super. Ct. No. INF2101151)

JOSE MARCIAL PORTILLO ESCOBAR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, Steven G. Counelis, Judge. Affirmed. Steven S. Lubliner, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Tami Falkenstein Hennick and Melissa Mandel, Deputy Attorneys General, for Plaintiff and Respondent. In September 2023, a jury convicted Jose Marcial Portillo Escobar of multiple offenses, including, as relevant to this appeal, misdemeanor violation of a domestic violence pretrial protective order (Protective Order or

Order) stemming from an incident on April 2, 2022, involving victim Jane

Doe. (Pen. Code,1 § 166, subd. (c)(1)(A); count 5.) On appeal, Escobar contends that his due process rights allegedly were violated because there is no substantial evidence that, when he was served with the Protective Order at his arraignment in July 2021 on separate domestic violence charges also involving Doe, the certified Spanish language interpreter and/or his defense counsel translated the entire Order into Spanish, his native language. For reasons we explain, we disagree with his contention and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On July 20, 2021, during his arraignment on charges including for inflicting a corporal injury on a cohabitant (§ 273.5, subd. (a); count 4), the trial court issued a three-year protective order in favor of Doe. Escobar, assisted by defense counsel and a certified Spanish language interpreter, was personally served with the Order. The court addressed Escobar directly and said, “I’ve signed the protective order. Sir, do not come within 100 yards of the named individual under [s]ection [1]4 of this order. Do not contact that person by any means. You’ll be served a copy of this protective order here in court. No further service is necessary.” The Protective Order included four checked boxes. Three of them provided Escobar was to have no personal, electronic, telephonic, or written contact with Doe; no contact with Doe through a third party, except through an attorney of record; and not to come within 100 yards of her. Escobar followed the terms of the Protective Order for about six months. At the time, Doe was living in Arizona. In December 2021, she returned to California and moved in with Escobar for about a month, after