People v. Gemoya CA3

Filed 7/29/25 P. v. Gemoya CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C100882

Plaintiff and Respondent, (Super. Ct. No. 23F07544)

v.

AMARIO GEMOYA,

Defendant and Appellant.

A jury convicted defendant Amario Gemoya of corporal injury to a spouse/cohabitant resulting in a traumatic condition, felony vandalism, and misdemeanor resisting arrest/obstructing an officer. In a bifurcated proceeding, the trial court found three special allegations to be true and also found true that Gemoya had suffered a prior strike conviction. The trial court sentenced him to eight years four months in prison.

1

On appeal, Gemoya challenges only the corporal injury conviction, arguing there is insufficient evidence that the injury resulted in a traumatic condition. We disagree and affirm. BACKGROUND We dispense with a comprehensive recitation of the facts and briefly set forth only the facts pertinent to the corporal injury conviction. In short, S.M. and Gemoya were in a romantic relationship and had been living together for almost five years. On the day of the incident, Gemoya got into an argument with S.M. and told her to take him to town because their relationship was over. S.M. initially drove her truck with Gemoya in the passenger seat but they later switched seats. Gemoya argued with and yelled at S.M. during the drive, and told her that her life was in danger. S.M. was terrified. They briefly stopped at a house for Gemoya to gather some of his belongings and then drove to another location, where he parked. Gemoya continued to argue with and yell at S.M. When S.M. reached for the truck keys, Gemoya grabbed her hand and struck her in the jaw and neck with his elbow; Gemoya struck her approximately 10 times. He also shattered the windshield and back window. S.M. was red, sore in both her neck and jaw, and had cuts all over her hands and arms from the broken glass. The People admitted into evidence various photographs of S.M.’s injuries,1 which showed a red mark on her jaw and lower chin from where he hit her with his elbow, blood on her neck, and cuts on her arms from the shattered glass. S.M. experienced bruising after the incident that changed in color over time.