People v. Cortez CA5

Filed 9/22/25 P. v. Cortez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F088201 Plaintiff and Respondent, (Super. Ct. No. CR-23-007521) v.

JESUS GUSTAVO ARREDONDO CORTEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Kellee C. Westbrook, Judge. Cynthia L. Barnes for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Robert Gezi, Julie A. Hokans and Jeffrey A. White, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P. J., Snauffer, J. and Fain, J.†

† Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Defendant Jesus Gustavo Arredondo Cortez was convicted by a jury of assault with a deadly weapon and other crimes arising out of a domestic violence incident. He claims an error in the pattern instruction the trial court gave the jury on the assault charge requires reversal of the conviction on that charge. We disagree and affirm. STATEMENT OF THE CASE Cortez was charged in a first amended information with assault with a deadly weapon other than a firearm (Pen. Code,1 § 245, subd. (a)(1); count 1), attempting to prevent a witness or victim from reporting a crime (§ 136.1, subd. (b)(1); count 2), attempting to prevent a witness or victim from causing a complaint or information to be prosecuted (§ 136.1, subd. (b)(2); count 3), two counts of vandalism causing $400 or more in damage (§ 594, subd. (b)(1); counts 4 & 5), willful infliction of corporal injury resulting in a traumatic condition upon his spouse (§ 273.5, subd. (a); count 6), and two misdemeanor counts of injury to a wireless communication device (§ 591.5; counts 7 & 8). A jury found Cortez guilty as charged in counts 1 and 5 and also convicted him of misdemeanor spousal battery, a lesser included offense of the crime charged in count 6. The jury acquitted him of all other charges. The trial court sentenced Cortez to a total of three years, eight months in prison, suspended the execution of the sentence, and placed him on formal probation for three years. FACTS On the night of July 25, 2023, Cortez and his wife, M., argued at their home in Ceres. During the dispute, M.’s son called 911 and reported that Cortez had hit his mother, broken her phone, and grabbed knives. When police arrived, M. and her children were outside, and Cortez was taken into custody.