People v. Armenta CA5

Filed 4/16/14 P. v. Armenta 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F066597 Plaintiff and Respondent, (Super. Ct. No. F12904118) v. OPINION GUSTAVO ARMENTA,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Hilary A. Chittick, Judge. Ross Thomas, 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, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

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

INTRODUCTION On July 11, 2012, an information was filed against appellant, Gustavo Armenta, charging him with felony corporal injury to his wife, Tracy Armenta, with a prior conviction within seven years (Pen. Code, § 273.5, subd. (e)(1), count 1), assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4), count 2), assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1), count 3), cutting a telephone line (Pen. Code, § 591, count 4), dissuading a witness by force or threat (Pen. Code, § 136.1, subd. (c)(1), count 5), battery with serious bodily injury (Pen. Code, § 243, subd. (d), count 6), and false imprisonment by violence (Pen. Code, § 236, count 7).1 The information alleged a great bodily injury enhancement (Pen. Code, § 12022.7, subd. (e)). At the conclusion of a jury trial on October 26, 2012, Gustavo was found guilty of the lesser included offense on count 1 of battery on a spouse (Pen. Code, § 243, subd. (e)(1)) and guilty of count 2 as charged. The jury could not reach a verdict on the remaining counts, the trial court declared a mistrial, and the remaining counts were subsequently dismissed. On December 4, 2012, Gustavo was sentenced to the aggravated prison term of four years on count 2 and to a concurrent jail sentence of 304 days on count 1. Gustavo was awarded custody credits of 304 days. Gustavo contends the trial court erred in not permitting him to impeach Tracy on a prior conviction for welfare fraud and an allegation that she was dealing drugs. The trial court, however, permitted Tracy’s impeachment for a marijuana cultivation conviction in 2003, a conviction in 2010 for receiving stolen property, and her status of being on felony probation. We do not find error.