People v. Caruthers CA3

Filed 10/30/13 P. v. Caruthers CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C072656

Plaintiff and Respondent, (Super. Ct. No. 62112828)

v.

MICHAEL JAY CARUTHERS,

Defendant and Appellant.

Defendant Michael Caruthers was convicted, on a jury verdict, of corporal injury on a cohabitant (Pen. Code,1 § 273.5, subd. (a)), dissuading a witness (§ 136.1, subd. (b)(2)), misdemeanor vandalism (§ 594, subd. (b)(2)(A)), and four counts of contempt of court for violating a domestic violence stay-away order (§ 166, subd. (c)(1)). Caruthers admitted he had a prior serious felony conviction (§ 667, subd. (a), (b)-(i)) and had served two prior prison terms (§ 667.5, subd. (b)). The trial court sentenced him to 17 years in

1 Further undesignated statutory references are to the Penal Code.

1

prison. On appeal, defendant contends all of his counts of conviction must be reversed due to instructional error. We find no error and shall affirm. FACTS Christine Morrison had an intimate relationship with defendant and they lived together off and on for four years in a trailer park. At times, the relationship became physically abusive. Once, defendant slammed her into a doorway, causing a black eye. Another time, defendant pushed her off her bicycle. Morrison did not report these incidents. On March 26, 2012, Morrison and defendant argued in the driveway. She got in her truck and began to drive away with her dog. Defendant jumped in the bed of the truck. She swerved and sped up through the trailer park, trying unsuccessfully to get defendant out of the truck. Once she was on the road, defendant broke the back window of the truck and came into the cab. She slammed on her brakes. Defendant grabbed at her face and chin. She stopped at a gas station and pleaded to be allowed to take her dog home. She returned to the trailer park, locked her dog inside her residence, and went to a neighbor’s until defendant left. Morrison then went to the police. She was very upset, shaking, and wanted help. She filled out a citizen’s arrest form, writing: “He jumped in my truck and broke my back window, grabbed my face and made me go back to my house, and I ran to my neighbors.” An officer took photographs of her injuries. Her neck and jaw line were red and she had a bruise between her cheekbone and ear and another on her right arm. The officer opined her injuries were consistent with her story of what happened. Morrison subsequently reported that defendant broke into her car and stole her cell phone, and he broke into her home. She obtained a restraining order against him. He called her several times from jail; these calls were recorded and played to the jury. More than once, defendant asked her to tell the police the incident was only a verbal dispute.