People v. Leyva CA2/2

Filed 9/10/15 P. v. Leyva CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B255012

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA403635) v.

RAMON LEYVA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Gail Ruderman Feuer, Judge. Affirmed. Lise M. Breakey, 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, Senior Assistant Attorney General, Paul M. Roadarmel, Supervising Deputy Attorney General, and William N. Frank, Deputy Attorney General, for Plaintiff and Respondent.

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Ramon Leyva (defendant) appeals the judgment of conviction for inflicting corporal injury, kidnapping, making criminal threats and violating a criminal protective order. Specifically, he argues that his convictions are infirm due to evidentiary errors and prosecutorial misconduct. We disagree, and affirm. FACTS & PROCEDURAL BACKGROUND In October 2012, defendant and Maribel C. (Maribel) were unmarried but involved in a romantic relationship; they had two young children together. On the evening of October 14, 2012, defendant—incensed that Maribel had accused him of sleeping with her sister—chased Maribel from their apartment, pushed her to the ground, and repeatedly kicked and punched her in the head and face. Defendant then dragged her 150 feet back toward their apartment, telling her, “Wait until I get you inside, I’m a kill your ass. Just watch.” These were not defendant’s first acts of violence against Maribel. Just over a year before, defendant had choked and punched a then-pregnant Maribel, and the criminal protective order arising from that prior incident was still in effect in October 2012. The People charged defendant with (1) corporal injury to the mother of defendant’s children (Pen. Code, § 273.5), (2) kidnapping (Pen. Code, § 207, subd. (a)), (3) making criminal threats (Pen. Code, § 422, subd. (a)), and (4) disobeying a criminal protective order (Pen. Code, § 166, subd. (a)(4)). A jury convicted defendant on all counts. The trial court sentenced defendant to eight years in state prison on the kidnapping count, three years on the criminal threats count to run concurrently, and imposed but stayed the remaining sentences for corporal injury to the mother of defendant’s child (four years) and disobeying a criminal protection order (180 days) pursuant to Penal Code section 654. Defendant appeals.