People v. Randolph CA4/3

Filed 8/5/14 P. v. Randolph CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048628

v. (Super. Ct. No. 06HF0575)

GRANT LEWIS RANDOLPH, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Steven D. Bromberg, Judge. Affirmed. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Stacy Tyler, Deputy Attorneys General, for Plaintiff and Respondent. Although appellant seriously injured his wife by throwing her off their second-story balcony, he contends the trial court abused its discretion in denying his

request for probation and sentencing him to prison. We could hardly disagree more. Finding ample justification for the trial court’s sentencing decision, we affirm the judgment. FACTS Appellant met his wife Jiraporn in Thailand in 1998. Their son was born the following year, and in 2003, they moved to Orange County. The family was living at an apartment complex in Laguna Hills when this case arose in 2006. By all accounts, appellant and Jiraporn had an argumentative relationship. As was often the case, neighbors heard yelling coming from their apartment on the night of March 23, 2006. At one point, appellant shouted, “That’s it, bitch. It’s over.” He walked out onto their second-story balcony, where Jiraporn was standing, and wrapped his arms around her, “bear hug” style. Then in one swift motion, he flipped her over the edge of the balcony. Although Jiraporn hit the ground hard, appellant showed little concern for her. When a neighbor asked him what he had done to Jiraporn, he replied, “Don’t worry. We argue all the time.” But there was plenty of cause for concern. Jiraporn’s contorted body lay twitching on the ground, with blood coming out of both her ears. Neighbors were tending to her by the time appellant came down to the scene with their son. Appellant tried to assure everyone that Jiraporn was fine, but knowing otherwise, they had already called 911. When the police arrived, appellant claimed he pushed Jiraporn while they were arguing and she fell over the balcony. He was arrested and taken to the police station, where testing revealed his blood-alcohol level was .13 percent. Jiraporn was transported to the hospital and diagnosed with a fractured skull and severe traumatic brain injury. Following cranial surgery, she spent a month in the hospital undergoing physical, occupational and speech therapy.