People v. Jimenez CA2/6

Filed 3/16/26 P. v. Jimenez CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B343424 (Super. Ct. No. 2022010526) Plaintiff and Respondent, (Ventura County)

v.

JUAN ABEL JIMENEZ,

Defendant and Appellant.

Appellant appeals a judgment following his conviction for corporal injury to a dating partner (Pen. Code,1 § 273.5, subd. (a)) (count 1), assault with force likely to produce great bodily injury (§ 245, subd. (a)(4)) (count 2), and false imprisonment by violence (§ 236) (count 3). The trial court sentenced appellant to an aggregate prison term of seven years and eight months. Appellant claims count 2 and count 3 “should have been stayed pursuant to [section] 654 because” they “were part of the same factual basis as” count 1.

1 All statutory references are to the Penal Code unless

otherwise stated.

We conclude that the trial court did not err, as each count involved a separate act with a different risk of harm to his victim authorizing an individual sentence for each crime. We will affirm. FACTS N.R. was appellant’s girlfriend. She lived with him in his parent’s home. On April 30, 2022, N.R. and appellant had an argument. N.R. did not want to continue her relationship with appellant because “it wasn’t very healthy for” her daughter. Appellant became angry. It started to “get physical,” and they began to shove each other. N.R. wanted to leave but appellant told her not to. He took her car keys and her phone. Appellant grabbed N.R.’s wrists to prevent her from leaving and she spit at him. Appellant pushed N.R. down on a bed, got on top of her, and choked her. She was not able to breathe. N.R. confirmed that she felt “pain” as he was “choking” her. Appellant left scratch marks on her neck. He next grabbed N.R. by the hair, pulled her off the bed, and kicked her twice on the side of her stomach. The People charged appellant with corporal injury to a dating partner, assault with force likely to produce great bodily injury, and false imprisonment by violence. The People alleged a special allegation that he committed these crimes while he was out on bail for other offenses. (§ 12022,1, subd. (b).) He pled not guilty and denied the special allegation. After a jury trial, the jury found him guilty of the three charged offenses in counts 1, 2 and 3. The court found the special allegation to be true. The trial court sentenced appellant to an aggregate prison term of seven years and eight months. It imposed a four-year sentence on count 1, a one-year consecutive sentence on count 2,