People v. Guillen CA3

Filed 3/23/15 P. v. Guillen 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C075233

Plaintiff and Respondent, (Super. Ct. No. 13F01716)

v.

FRANCISCO JAVIER GUILLEN,

Defendant and Appellant.

A jury found defendant Francisco Javier Guillen guilty of spousal abuse resulting in a traumatic condition (Pen. Code, §§ 273.5, subd. (a) & 1022.7, subd. (e)), making a criminal threat (id., § 422), (misdemeanor) child abuse (id., § 273a, subd. (b)), and (misdemeanor) violating a court order (id., § 166, subd. (c)(1)). The trial court sentenced defendant to five years in state prison.

1

On appeal, defendant contends the trial court erred in admitting evidence of his 2005 and 2010 incidents of domestic violence against the victim. He adds that there are errors in the abstract of judgment. We disagree with his first claim but agree with his second, and will direct correction of the abstract of judgment. FACTUAL AND PROCEDURAL HISTORY Counts One through Five -- 2013 On March 14, 2013, around 5:00 p.m., the defendant’s wife, C.G. (victim), came home from work. She walked through the garage, where she found defendant drinking beer. Defendant “looked like . . . [he was] about ready to want to fight.” The victim went inside and lay down on the bed in the room she shared with defendant. Defendant soon followed with their nine-year-old son, N.G. Defendant and N.G. stood at the foot of the bed and defendant told the victim to make their son something to eat. The victim did not get up from the bed and defendant and she began to argue. Defendant and N.G. ultimately left the room; the victim stayed in the bedroom and locked the door. Defendant demanded she let him into the room so he could get his clothes because he wanted to leave. The victim opened the door “a little” in order to give defendant some of his clothes, but defendant pushed the door open, pushing her backward. Once inside the room, defendant started hitting her. The victim “threw [herself] on the bed” as defendant hit her in the head and “all over [her] body.” Defendant climbed on top of the victim, who was face down on the bed, and continued to beat her. Every time defendant hit her, defendant would “tell [her] to die.” The victim thought she was going to die. N.G., who was again in the room, grabbed defendant by his shirt and tried to pull him off the victim. N.G. told defendant to leave her alone but defendant continued the beating. N.G. left the room and then returned holding a kitchen knife. The victim was still on the floor. Defendant said to N.G.: “Give me that knife. I’m going to kill her with it.” Defendant then took the knife from N.G. and the victim grabbed her cell phone to