People v. Rivera CA1/3

Filed 12/4/14 P. v. Rivera CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A139988 v. CESAR RIVERA, (City and County of San Francisco Super. Ct. No. 220465) Defendant and Appellant.

A jury convicted Cesar Rivera of disobeying a domestic relations court order and attempting to disobey a domestic relations court order, both misdemeanors. He contends the evidence that he knew of or had the opportunity to read the order was insufficient to support the verdict. Substantial evidence supports the verdict, so we affirm. BACKGROUND Rivera and Lauren Anzalone became engaged in December 2012 after a brief courtship. Anzalone soon began to harbor doubts about their relationship, largely due to Rivera’s jealousy and possessiveness. In mid-April 2013 she voiced her concerns to Rivera. She tried to give back her engagement ring, but he became angry and she continued to wear the ring to assuage him. Soon afterward she stopped wearing the ring, explaining to Rivera that she was unhappy in the relationship and that his jealousy was a problem. On April 26 Anzalone texted Rivera not to pick her up at the restaurant where she worked, as he usually did, because she was going out with some coworkers. Anzalone, Claudio Aramburu, and several other coworkers finished work at midnight and went to a

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bar called the Wreck Room. As they left around 1:30 a.m., Aramburu and Anzalone were walking with their arms around each other when “out of nowhere” Rivera ran up from behind and hit Aramburu on the back of his head, knocking him to the ground. Rivera kicked Aramburu two or three times as Anzalone screamed at him to stop. She pushed Rivera toward his car and the two drove off together as Anzalone’s coworkers rushed to Aramburu’s aid. When Anzalone and Rivera arrived at Anzalone’s house she put his belongings in his car and told him the relationship was over. Rivera called Aramburu around 2:30 that morning. He said he “he just couldn’t control himself” after he saw Aramburu dancing with Anzalone at the Wreck Room, and warned Aramburu to stay away from Anzalone. Aramburu and Anzalone went out together again on May 1 and May 2. On May 2, Aramburu spent the night with Anzalone at her home. Around midnight, Anzalone heard her window blinds rattle and looked to see Rivera at the window directly above her bed. She screamed “No!” and pushed his face as hard as she could in an attempt to keep him out. Rivera nonetheless pushed through the window and “belly flopped” onto the bed. Aramburu grabbed Rivera and was trying to push him toward the bedroom door when Anzalone’s housemates responded to the ruckus and helped him wrangle Rivera into the hallway. Anzalone called the police, who arrived promptly and arrested Rivera as he was walking away from the building. At 1:55 that morning San Francisco Police Officer Phillip Frenkel obtained an emergency protective order that directed Rivera to stay at least 100 yards away from Anzalone, her home and her place of work and prohibited him from calling or otherwise contacting her. Rivera was “a bit” irrational, rambling about his troubles with Anzalone, but he was not under the influence of drugs or alcohol. He had a cut on the bridge of his nose and complained of neck pain. Rivera spoke English and did not ask if the officers spoke Spanish or for an interpreter. Officer Frenkel brought a copy of the emergency protective order into Rivera’s cell and read it to him as Officer Erik Leung observed. Officer Frenkel held the written order about 13 inches from Rivera’s face and pointed out each section as he read it aloud.