People v. Guerrero CA5

Filed 1/6/16 P. v. Guerrero CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F069598 Plaintiff and Respondent, (Super. Ct. No. 11322) v.

MARTIN HERRERO GUERRERO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Mariposa County. Wayne R. Parrish, Judge. (Retired judge of the Mariposa County Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Rebecca P. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Poochigian, J. and Peña, J.

Appellant Martin Herrera Guerrero pled no contest to infliction of corporal injury on a cohabitant, with a prior, a felony (count VIII/Pen. Code, §§ 273.5, subd. (a) & former 273.5, subd. (c)(1))1 and dissuading a witness, a felony (count XI/§ 136.1, subd. (b)(2)) and he admitted a great bodily injury enhancement (§ 12022.7, subd. (a)) in count VIII, a serious felony enhancement (§ 667, subd. (a)(1)) and allegations that he had a prior conviction within the meaning of the three strikes law (§ 667, subds. (b)-(i)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Maria M. was involved in an intimate relationship with Guerrero for six years and lived with him in a house in Mariposa County. On May 17, 2013, Maria was at home with Guerrero when he became erratic, angry and began repeatedly accusing her of having sexual relations with other people in the neighborhood. Eventually, Maria went outside and began walking away from the house. When she was about 100 yards away, Guerrero caught up to Maria, picked her up, and carried her back to the house. Maria tried to leave again but Guerrero began yelling and told her that if she left, he would pull her back into the house by her hair. On May 18, 2013, Guerrero again began repeatedly yelling at Maria. However, Maria was unable to leave because each time she went outside to her garden intending to go, Guerrero would be there. At 3:00 p.m., she tried to walk out the front door and leave but Guerrero told her to get back in the house. Maria responded that she did not want to. Guerrero grabbed her by the arm, threatened to pull her hair, and brought her back inside the house. On May 19, 2013, the situation remained the same with Maria still wanting to leave but Guerrero not letting her and threatening to hit her and pull her back into the