People v. Williams CA5

Filed 12/29/14 P. v. Williams CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F067156

v. (Super. Ct. No. F12904865)

TYRONE WILLIAMS, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Denise Lee Whitehead, Judge. Ron Boyer, 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, Carlos A. Martinez and Kelly E. LeBel, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Detjen, Acting P.J., Franson, J., and Peña, J.

Defendant Tyrone Williams was convicted by jury trial of two counts of dissuading a victim or witness by force or threat (Pen. Code, § 136.1, subd. (c)(1))1 and of disobeying a domestic relations court order (§ 273.6, subd. (a)). The jury hung on the charge of inflicting corporal injury against the mother of defendant’s child (§ 273.5, subd. (a)). The trial court found unusual circumstances and sentenced defendant to probation and 88 days in jail. On appeal, defendant contends the trial court erred by failing to instruct sua sponte on the presumption that, as a family member who interceded to protect the victim, he acted without malice (§ 136.1, subd. (a)(3)). We affirm. FACTS Defendant and K. dated off and on for several years. They had two daughters, born in 2008 and 2009. They lived together for a few months during 2009 and 2010, but they were never married. In 2010, the superior court issued a permanent restraining order against defendant based on K.’s allegations of defendant’s domestic violence. The order prevented defendant from being near K. or the children. Since 2010, K. had full legal custody of the children. On June 18, 2012, K. was living in an apartment in Fresno. Defendant did not live with her, but he frequently spent the night with her. That night, the children were staying with a relative. K. and defendant got into an argument around 3:00 or 4:00 a.m. because defendant claimed she was not a good housekeeper. He punched her arm and slapped her head. She screamed and he covered her mouth, so she bit his hand. He took her keys and cell phone and left. She did not call the police because she was afraid defendant would hurt her. When he returned a few hours later, he gave her the keys and phone. He threatened to kill her if she called the police.