People v. Castellon CA2/6

Filed 3/16/26 P. v. Castellon CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B342167 (Super. Ct. No. 2024006792) Plaintiff and Respondent, (Ventura County)

v.

FERNANDO CASTELLON,

Defendant and Appellant.

Fernando Castellon appeals a judgment after a jury trial following his conviction of assault with force likely to produce great bodily injury (Pen. Code,1 § 245, subd. (a)(4)) and corporal injury to a cohabitant (§ 273.5, subd. (a)). The trial court sentenced him to an aggregate prison term of two years. We conclude, among other things, that the trial court did not abuse its discretions by admitting evidence of prior uncharged incidents of domestic violence. We affirm.

1 All statutory references are to the Penal Code unless

otherwise stated.

FACTS On January 26, 2024, police officer Silvano Gonzalez was dispatched to an address in Oxnard, California for a call in reference to “domestic violence with strangulation.” When Gonzalez arrived at the scene, he saw the victim, J.G., Castellon’s girlfriend, “crying” and “clearly shaken up.” She had a cut on her upper lip, redness on her arm, and an abrasion on her chest. Gonzalez testified that J.G. told him that Castellon placed her in a “chokehold.” This strangulation resulted in her seeing black dots. She believed she was going to “pass out and possibly die.” Castellon dragged her, and “as she was being dragged, she left marks on the ground where her foot was.” Sijifredo Fernandez, also known as “Ziggy,” was a neighbor of Castellon and J.G. After hearing J.G. screaming, he came out to help. Fernandez began yelling at Castellon, and challenged him to a fight, at which point Castellon let J.G. go and ran away. At trial, Fernandez testified he did not remember the incident. J.G. asked for an emergency protective order. Gonzalez testified J.G. was in “fear for her life.” She wanted Castellon to stay away from her. Gonzalez testified he subsequently talked with the witness, Fernandez, who confirmed what he saw Castellon doing to J.G. In a video recorded interview with police, J.G. said she had an argument with Castellon. She told Castellon: “Go home. I said go, go be with your ugly little kid. And cause I said ugly little kid, he turned around and he threw a guava at me.” He put her in a “headlock.” J.G. said, “[h]e was choking me and told me you’re gonna go to sleep . . . . I was trying to pull his arm down and I couldn’t.”