People v. Cabrales CA3

Filed 12/12/13 P. v. Cabrales CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C073361

Plaintiff and Respondent, (Super. Ct. Nos. 12F04881, 12F04988) v.

JORGE CABRALES,

Defendant and Appellant.

A jury convicted defendant Jorge Cabrales of corporal injury to a cohabitant with a great bodily injury enhancement (Pen. Code, §§ 273.5, subd. (a), 12022.7, subd. (e); unless otherwise stated, statutory references that follow are to the Penal Code), threatening a witness (§ 136.1, subd. (c)), and two counts of criminal threats (§ 422). The trial court sustained strike and serious felony allegations (§§ 667, subds. (b)-(i), 1170.12) and sentenced him to 22 years in state prison. On appeal, defendant contends there is insufficient evidence to support the great bodily injury enhancement and reversing the enhancement entitles him to additional custody credits. We affirm the judgment.

1

FACTS AND PROCEEDINGS

The jury acquitted defendant on two additional counts of corporal injury to a cohabitant. We do not recite the facts related to those counts as they are unnecessary to the appeal. Brandy Cheatam lived with defendant, her former boyfriend. On the morning of July 12, 2102, Lyle Giles saw a woman jump out of a car while yelling, “he’s gonna kill me.” The woman’s nose was bleeding and she was crying. Giles called 911. When the police arrived, Cheatam told an officer that defendant, her boyfriend, accused her of cheating and punched her in the face. On the way to the hospital Cheatam told a paramedic she had been hit with a closed fist multiple times. Cheatam also told her mother that defendant punched her in the face. At the hospital, she told the treating physician her husband hit her in the face. Cheatam later told a social worker that while she was in the car, defendant hit her in the face multiple times with his fists and she jumped out of the car. She told the social worker defendant would not stop calling her, she could not get away, and she was afraid of him. Cheatam sustained a blunt force trauma to the face, causing a laceration to her nose and a nondisplaced nasal fracture. She had symptoms consistent with a concussion and had two black eyes for about a week. On July 13, 2012, Cheatam received telephone calls, voicemail messages, and texts from defendant. In one voicemail, defendant told Cheatam she had until 10:00 p.m. to change her statement or the goons would come to her house. She responded by screaming to her mother that they had to go because defendant was “not playing.” Cheatam called 911 and three deputies responded at around 9:14 p.m. Cheatam told the deputies she was getting threatening calls and messages from her boyfriend, defendant. In one of the calls, defendant threatened to blow up her house unless she