People v. Ochoa CA3

Filed 12/18/14 P. v. Ochoa CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE,

Plaintiff and Respondent, C073636

v. (Super. Ct. No. CRF122348)

ANDRES JOSE OCHOA,

Defendant and Appellant.

Appointed counsel for defendant Andres Jose Ochoa asked this court to review the record to determine whether there are any arguable issue on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record, we affirm the judgment. June 9, 2012 Incident On June 9, 2012, defendant’s girlfriend Gladys Portillo confronted him about phone messages from another woman and told him to move out. Defendant became enraged and threatened to kick Portillo and destroy items inside their apartment. When

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Portillo attempted to leave, defendant grabbed her arm and pushed her by the neck. She stumbled but was able to flee the apartment and call 911. Defendant dropped gym weights from their second story balcony onto her car parked below, smashing or shattering every window except the front passenger window, and scratching her car, causing about $7,000 in damages. While she was still on the 911 call, defendant approached her, grabbed her arm, and slapped her, leaving a red mark on her face that caused a “burning sensation.” An officer arrived and, as he approached the couple, defendant started to walk away but was detained. When defendant was searched, a bottle of pepper spray was found in his pocket. Defendant was put into a patrol car and, as Portillo was being interviewed by an officer, defendant called her a “snitch” and threatened to beat her, while violently shaking and kicking the door of the patrol car. Defendant had previously threatened to assault Portillo and her family if she called the police. Portillo obtained a temporary restraining order as a result of the June 9 incident. Prior Strike In 2005, when defendant was 16 years of age, he was convicted of robbery. Defendant stole a car that was parked with its engine running. When the owner came out, defendant was in the driver’s seat. He hit her with the door and appeared to deliberately drive towards her. The court found the prior strike (Pen. Code, § 667, subds. (b)-(i)1) to be true.