People v. Gonzalez CA2/8

Filed 3/2/15 P. v. Gonzalez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B251828

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA101599) v.

JUAN G. GONZALEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Thomas Falls, Judge. Affirmed.

Daniel R. McCarthy, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, James William Bilderback II and Alene M. Games, Deputy Attorneys General, for Plaintiff and Respondent.

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Juan G. Gonzalez appeals from the judgment of conviction for corporal injury to the parent of his child, assault by means of force likely to produce great bodily injury, cruelty to a child by inflicting injury, and disobeying a domestic relations court order. He argues the court committed prejudicial error in excluding the testimony of a certain defense witness. We affirm. FACTS 1. Prosecution Evidence A.R. and appellant have three children together—L. (age 11), N. (age seven), and G. (age one). A.R. had known and lived with appellant for approximately 15 years. She agreed that their relationship could be characterized as “mutually violent.” On April 14, 2013, she was no longer living with appellant and lived with her mother. L. was in the front yard when she saw appellant drive up, and she ran inside and locked the door. A.R. was in the kitchen with her two younger daughters when L. came in and told her appellant had arrived. A.R. asked N. to see what appellant wanted. N. went to the stairs at the front door to talk to appellant. A.R. followed her out and met appellant on the front stairs, where N. was also. L. was inside the house just behind them; she could see N., A.R., and appellant from where she was standing. A.R. told appellant she did not want to reunite with him because she was “tired.” He tried to hug or kiss her by grabbing her arms and pulling her towards him. She told him to stop. N. was on A.R.’s left side; she was crying and telling appellant to stop also. Appellant told N. to go inside, but she did not leave. A.R. looked down at N., and the next she remembered, she was laying on the floor and spitting up blood, and she heard crying and screaming. L. saw appellant push N. into the stair railing and then hit A.R. with a closed fist. She also saw A.R. fall and hit her head on the door. Appellant did not say anything and walked away. L. and N. were crying. L. saw blood coming from A.R.’s mouth and got her a bag of frozen peas to put her on face. L. called the police. An ambulance arrived and took A.R. to the emergency room. Her jaw was broken and she had her teeth “pushed in” and