People v. Salinas CA5

Filed 9/16/14 P. v. Salinas 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F065345 Plaintiff and Respondent, (Super. Ct. No. BF136721A) v.

DAVID ALEXANDER SALINAS, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Kern County. Kenneth C. Twisselman II, Judge. Hayes H. Gable III, 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, Kathleen A. McKenna and Charity S. Whitney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

A jury convicted appellant David Alexander Salinas of inflicting injury on a cohabitant. He challenges the conviction on the grounds the trial court failed sua sponte to instruct the jury with a unanimity instruction. He also contends the trial court erred in imposing a $240 restitution fine. We reject his contentions and affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY Salinas and his girlfriend, Natalie G., lived together in a converted garage in the home of Salinas’s mother. Early on May 3, 2011, Salinas and Natalie got into an argument over money. Salinas left the house for several hours and then returned home in the afternoon and resumed arguing. After arguing for a while, Salinas again left the home and returned around 7:00 p.m. This time Salinas was yelling and broke Natalie’s cell phone. Salinas’s mother, Teresa Ortega, came into the converted garage and told Salinas to “knock it off.” Angry, Salinas took his mother’s car keys and threw them over the fence. Salinas again left the home. Natalie eventually went to bed and fell asleep. Around 1:00 a.m., Salinas returned, entered the garage, and yanked the covers off the bed. He ordered Natalie to get up and to take off her clothes. After Natalie complied, Salinas began kicking her and hitting her in the face repeatedly. He first used an open handed slap to the face and then followed that with punches using a closed fist. Salinas pushed Natalie into the backyard and shoved her into the shallow end of a swimming pool located at the residence. Salinas ordered her to get out of the pool. He then pushed her back into the garage where he continued to beat her. Eventually, Salinas told Natalie to wipe the blood off her face and to go to sleep. Natalie did not call the police that night because she thought Salinas would prevent her from leaving the garage to make a phone call. The next morning, Natalie’s face and lips were swollen and bloody, her right eye was bloody and swollen shut, she had bruises on her arms, neck, and legs, and she had a bite mark. There was a fracture in the bone that holds the eye in its socket—a typical