People v. Rosales CA2/3

Filed 2/26/15 P. v. Rosales CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B254106

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA414335) v.

ROLANDO ROSALES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Anne H. Egerton, Judge. Modified with directions and, as modified, affirmed.

Azar Elihu, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Yun K. Lee, Peggy Z. Huang and Nathan Guttman, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION A jury found defendant and appellant Rolando Rosales guilty of crimes arising out of his physical assault of his former wife and son. On appeal, defendant contends that the trial court’s characterization of his crimes as ones of “violence” is a ground for reversal. Then, based on defendant’s characterization of his crimes as not very serious, he contends that the trial court abused its discretion by refusing to reduce them to misdemeanors. We reject these contentions and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND I. Factual Background. Rosio R. and defendant separated in 2003. They had three children, including Rolando, Jr., and Sebastian.1 On January 25, 2005, Rosio was living with her mother, Dolores Rodriguez. On that day, defendant broke a window at the house and threatened Rosio, who was injured by the broken glass. Years later, on June 9, 2013, Sebastian was given permission to go to his paternal grandparents’ house. Instead, he went to defendant’s house, although he wasn’t allowed to see his father unsupervised. Dolores, Rosio, and Rolando, Jr., went to get Sebastian. When they arrived, defendant verbally abused them. He picked up a potted plant and tried to throw it at Dolores, who he pushed to the ground. Rosio told defendant not to touch her mother, but he pushed Rosio and punched her face, knocking Rosio to the ground. To stop defendant, Rolando, Jr., hit defendant once. Defendant put Rolando, Jr., in a headlock and punched him about four times. II. Procedural Background. On January 16, 2014, a jury found defendant guilty of count 1, felony corporal injury to a child’s parent resulting in a traumatic condition (Pen. Code, § 273.5, subd. (a)),2 and of count 2, felony assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)). The jury deadlocked on count 3 for misdemeanor battery of