People v. Gutierrez CA2/8

Filed 10/28/13 P. v. Gutierrez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B248069

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA125864) v.

JOSE LUIS GUTIERREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Eleanor J. Hunter, Judge. Affirmed.

Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________

Defendant Jose Luis Gutierrez appeals from his convictions of corporal punishment of a spouse and criminal threats following his plea of no contest. Following our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441 (Wende), we affirm both convictions.

FACTUAL AND PROCEDURAL HISTORY

We take the facts from the Reporter’s Transcript of the preliminary hearing, at which victim Blanco Gutierrez and Deputy Sheriff John Hunziker testified. Hunziker testified that at about 4:00 p.m. on November 20, 2012, he and his partner, Deputy Garcia, responded to the home defendant shared with his wife, victim Blanco Gutierrez. When the officers arrived, Gutierrez, her brother Jose Esparza and defendant were all present. Gutierrez was crying and shaking. Defendant was yelling at Gutierrez and Esparza and was uncooperative with the officers. Gutierrez told the officers that at about 1:00 p.m. that day, she was ironing with an industrial iron while arguing with defendant; accusing Gutierrez of infidelity, defendant pressed her hand in the hot iron and then tried to suffocate her. After Gutierrez yelled for help, defendant left, but not before threatening to kill Gutierrez and cut her into pieces if she called the police. Gutierrez left the home to pick up her children. Afraid to call the police, Gutierrez called her brother to pick up her and the children. Esparza told the officers that one of the children told him what happened after Gutierrez would not. Defendant returned as Esparza and Gutierrez were packing Gutierrez’s things. Defendant told Gutierrez that she could not leave and threatened to make Esparza “disappear.” Gutierrez told the officers about two prior incidents of domestic violence committed against her by defendant. Gutierrez testified that she burned her hand by accident and none of the incidents of domestic violence Gutierrez related to the police ever occurred. She lied to the police because her brother threatened to take away her children if she did not leave defendant. Defendant was charged by information with corporal injury to a spouse (Pen. Code, § 273.5, subd. (a)) (count 1); misdemeanor battery (Pen. Code, § 243, subd. (e)(1) (counts 2 and 3); criminal threats (Pen. Code, § 422, subd. (a)) (counts 4 and 6); and