People v. Sardelli CA1/3

Filed 12/1/15 P. v. Sardelli CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A144722 v. JOHN ROBERT SARDELLI, (Napa County Super. Ct. No. CR171092) Defendant and Appellant.

John Robert Sardelli (appellant) appeals from a judgment entered after he pleaded no contest to various domestic violence related crimes and the trial court sentenced him to five years in state prison. He contends the trial court erred in imposing concurrent sentences for the offenses instead of staying the sentences under Penal Code, section 654. We reject the contention and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On June 27, 2014, an information was filed charging appellant with inflicting corporal injury on a cohabitant (Pen. Code,1 § 273.5, subd. (a); count 1), battery with serious bodily injury (§ 243, subd. (d); count 2), making criminal threats (§ 422; count 3), and false imprisonment by violence (§ 236; count 4). The information alleged as to count one that appellant inflicted great bodily injury in the commission of the offense (§ 12022.7, subd. (e)).

1 All further statutory references are to the Penal Code unless otherwise stated.

1

At the preliminary hearing,2 Jane Doe testified that on June 2, 2014, she was living with appellant, who was her boyfriend at the time. They were listening to music and drinking in their living room, “[j]ust having a good time.” At one point, appellant and Doe got into an argument when appellant said he wanted to go and buy more alcohol, and Doe told him no, and that “it wasn’t a good idea.” Doe got up and walked back to the bedroom, passing by the entryway by the front door. Appellant was in the entryway with a half-empty bottle of wine, which he smashed on the floor in anger. Doe told him she was not cleaning it up and was going to bed. She turned to walk into the bedroom and appellant called her name. When Doe turned back around, appellant pushed her with both hands on her chest, causing Doe to fall backwards into the bedroom and land on her hands and tailbone. She felt “shooting pains” and told appellant that she thought her wrist was broken. As Doe tried to get up, appellant came into the bedroom, straddled her with his knees, grabbed her wrists, and asked her if they hurt. Doe responded yes. Appellant then began choking Doe by grabbing her throat firmly with both hands so that she could not breathe. He held on to her throat for about 20 seconds and asked her if she wanted to die. Doe was unable to push him off with her hands or kick him off with her legs; she felt helpless and afraid. She made a noise while trying to catch her breath, at which point appellant got up, called her a “cunt,” and walked away. A few minutes later, appellant came by to ask Doe if she was badly hurt; she responded that she was. When appellant tried to help her, Doe, who was still afraid, told him not to touch her. Shortly thereafter, the police knocked on the door. Appellant grabbed Doe’s arm, directed her to the bedroom, and told her to pretend they were sleeping. Four officers entered the bedroom and asked why appellant and Doe had not answered the door; they responded they had been sleeping. An officer spoke with Doe separately in the dining room. Doe told the officer that she and appellant had been drinking and that the neighbors must have called the police because they were playing 2 The parties stipulated that the factual basis of the plea would be based on the preliminary hearing transcript.