People v. Lopez CA5

Filed 4/10/14 P. v. Lopez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F065211 Plaintiff and Respondent, (Super. Ct. No. F12600398) v.

OLVIN ROBERTO LOPEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan B. Conklin, Judge. Gabriel Cruz Vivas, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Kathleen A. McKenna, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Kane, J. and Peña, J.

Defendant Olvin Roberto Lopez was convicted of domestic crimes against his wife, Stephanie, and of dissuading her from reporting the crimes. On appeal, he contends insufficient evidence supported the dissuading conviction because the prosecution failed to establish he knew Stephanie had tried to report his crimes to the police. We will affirm. PROCEDURAL SUMMARY A jury found defendant guilty of corporal injury to a spouse (Pen. Code, § 273.5, subd. (a);1 count 1), assault with a deadly weapon (§ 245, subd. (a)(1); count 2), false imprisonment by violence (§ 236; count 3), and dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1); count 4). The jury found true a dangerous weapon allegation connected to count 1 (§ 12022, subd. (b)(1)). The trial court sentenced defendant to four years in prison. FACTS Defendant and Stephanie had been together for five years and married for a few months. They lived in a house with their three young children. On March 4, 2012, at about 1:00 a.m., Stephanie was watching television with two of the children. She heard a knock on the side door and saw defendant vomiting on the driveway. He appeared to be drunk. She unlocked the door for him and went back into the living room. About five minutes later, defendant entered carrying an open box of beer. Stephanie told him to put the beer in the kitchen because the children were present. He said he was not going to do it, so she picked it up. He told her not to touch his beer. He grabbed the beer from her and put it back on the coffee table. She asked him why he had not answered his cell phone throughout the day and he told her his battery was dead. She believed he did not want to answer because he was out drinking with his friends.