People v. Rodriguez CA5

Filed 11/3/14 P. v. Rodriguez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F066775

v. (Super. Ct. No. F12905505)

ISAAC GUADALUPE RODRIGUEZ, OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Arlan L. Harrell, Judge. Julia Freis, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Levy, Acting P.J., Franson, J., and Peña, J.

Appellant, Isaac Guadalupe Rodriguez, pled guilty to inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)) and he admitted allegations that he had two prior convictions within the meaning of the three strikes law. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On May 27, 2012, Rodriguez was outside a residence when he accused A.R., whom he had recently married, of having an affair. After Rodriguez apologized and A.R. let him into the house to talk, he again began accusing her of having an affair. Rodriguez then grabbed A.R. by the hair, threw her on the ground and began striking her with a closed fist. Rodriguez’s mother was at the house and pulled Rodriguez off A.R. who then ran to the kitchen with Rodriguez chasing her. After A.R. hit a table and fell down, Rodriguez began kicking her and striking her with a closed fist. Rodriguez’s mother again took Rodriguez off of A.R. and after things calmed down, A.R. agreed to go home with Rodriguez and there were no further disturbances that day. On May 29, 2012, after again accusing A.R. of having an affair, Rodriguez placed his hands around A.R.’s neck, and began strangling her. Although A.R. did not lose consciousness, Rodriguez left red marks on her neck and the pressure caused her voice to change. On June 2, 2012, while at their residence packing their belongings to move out, Rodriguez became upset, took the keys to A.R.’s truck, and attempted to drive off. A.R., however, eventually got the keys back and drove off without Rodriguez. Later, she called the police to ask for help in retrieving her belongings from the residence and she reported the two earlier incidents to the officer who responded. The officer observed bruises throughout A.R.’s body and a small cut on her right cheek. On July 24, 2012, Rodriguez was arrested.