People v. Candelaria CA6

Filed 12/17/13 P. v. Candelaria CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039224 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1227857)

v.

BENJAMIN CANDELARIA,

Defendant and Appellant.

Defendant Benjamin Candelaria was convicted by court trial of inflicting corporal injury “resulting in a traumatic condition” on a former cohabitant (Pen. Code, § 273.5, 1 subd. (a)), and the court found true allegations that defendant had suffered a prison prior (§ 667.5, subd. (b)) and a strike prior (§§ 667, subds. (b)-(i), 1170.12). The court struck the strike prior and committed defendant to state prison for a three-year term. On appeal, defendant’s sole contention is that there is not substantial evidence that his actions resulted in a “traumatic condition.” We reject his contention and affirm the judgment.

I. Background

1 Subsequent statutory references are to the Penal Code unless otherwise specified.

In March 2011, defendant and Tina Fernandez were homeless and living together under a bridge in San Jose. Keith Thompson was also homeless and living under the same bridge. They slept in shelters made of cardboard boxes and blankets. Thompson testified at trial that, early in the morning on March 9, 2011, he was awakened by defendant and Fernandez arguing. The argument went on for 20 minutes, then ended, and subsequently resumed. After it resumed, defendant “threw” a half-full two-liter bottle of soda at Fernandez. The bottle did not hit her. Defendant “got in her face,” and Fernandez “shoved him back.” Defendant responded by punching Fernandez in the upper left arm. He went on to punch her at least a dozen times, mostly in the upper body, and he also kicked her twice. Half of the punches were “full-on square blows” to Fernandez’s body. Defendant also threw two rocks at her, and one of the rocks hit her on the left side of her upper thigh. In addition, defendant threw a broom handle at Fernandez, which hit her arm. Fernandez testified that defendant had hit her, but she could not remember many details. She recalled that he had punched her once or twice in the left side of her face, and also hit her in the right foot, her arm, and her lower left side. Fernandez testified that the blows to her face “didn’t even leave a mark.” The blow to her foot caused her pain. Fernandez said that the police arrived an hour after the altercation. San Jose Police Officer Francisco Hernandez made contact with Fernandez after the altercation. He observed that she was “favoring one foot,” and she showed him a laceration on her right foot. Hernandez saw a “three-quarter inch laceration to her left forearm, [a] contusion to her left elbow, a half-inch laceration to her right foot, [an] abrasion to her lower back on the left side, and redness to her face . . . .” Hernandez took photographs of Fernandez’s injuries. He testified that the injuries “didn’t appear to be old.” On cross-examination, Hernandez testified that, based solely on one photograph, he could not tell whether the dried blood was “from that morning or it’s old.”