People v. Espinoza CA2/2

Filed 10/1/14 P. v. Espinoza CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B249246

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. KA100239 & v. KA100537)

OSCAR BRIAN ESPINOZA,

Defendant and Appellant.

THE COURT:*

Defendant and appellant Oscar Brian Espinoza (defendant) appeals from a judgment of conviction entered in consolidated cases. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. After defendant was notified of his counsel’s brief he filed his own supplemental brief, contending that the trial court abused its discretion in consolidating the two cases. We have reviewed the entire record, and finding no abuse of discretion or other arguable issues, we affirm the judgment.

* BOREN, P. J., ASHMANN-GERST, J., CHAVEZ, J.

Defendant was charged in superior court case No. KA100239 with inflicting corporal injury on Kristina Luna (Luna), the mother of his child, on December 2, 2012, in violation of Penal Code section 273.5, subdivision (a);1 and with child abuse of Adrian Doe on the same day, in violation of section 273a, subdivision (a). Defendant was later charged in case No. KA100537 with inflicting corporal injury on cohabitant Jennifer Gonzalez (Gonzalez) on August 9, 2012, in violation of section 273.5, subdivision (a). The trial court granted the prosecution’s motion to consolidate the two cases, and an amended information was filed, charging the offenses in case No. KA100239 as counts 1 and 2, and the offense alleged in case No. KA100537 as count 3. Newly added count 4 charged defendant with assaulting Gonzalez on August 9, 2012, by means likely to inflict great bodily injury, in violation of section 245, subdivision (a)(4). The amended information alleged as to all counts that defendant had suffered a prior serious or violent felony conviction (§§ 667, subds. (b)-(i) and 1170.12, subds. (a)- (d)), and that he had served a prison term on the prior conviction within the meaning of section 667.5, subdivision (b). During jury trial, evidence regarding the incident of August 9, 2012, established that defendant and Gonzalez were living together in an intimate relationship and that during an argument that day defendant grabbed Gonzalez by the back of her neck, kneed her, punched her in the face and head, and kicked her in the breast, causing multiple injuries.2 The testimony of Luna, Adrian, and responding San Bernardino Sheriff’s Deputy Jose Castro, showed that defendant argued with Luna, the mother of his eight-year-old son Adrian, while Luna was in the driver’s seat of her car and Adrian was in his car seat with his door open. As Luna tried to back her car out of the driveway, defendant hit her