People v. Corona CA3

Filed 2/10/16 P. v. Corona CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C078338

Plaintiff and Respondent, (Super. Ct. No. 14F05260)

v.

JOSE JUAN CORONA,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment, but order a correction of the abstract of judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) FACTUAL AND PROCEDURAL BACKGROUND At approximately 5:30 p.m. on July 30, 2014, two young girls, J.M. and B.B., were walking around Tahoe Park when they saw defendant forcefully “jerk” a dog up off the ground by a leash causing the dog’s front paws to leave the ground. B.B. saw

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defendant kick the dog two or three times as it dangled by the leash. When defendant put the dog on the ground, the girls noticed the dog’s leg was “twisted” and the dog was limping. The girls summoned B.B.’s mother M.B. to the area. She saw defendant holding the leash attached to the dog, whose four paws were dangling off the ground as the dog struggled and flailed about. As M.B. walked toward defendant, defendant put the dog down. M.B. noticed the dog was balancing on three legs. When M.B. asked if there was something wrong with the dog’s leg, defendant told her the dog had been hit by a car “a few days ago.” Defendant continued to handle the dog in a “rough” manner. M.B. walked away and called 911. At 7:00 a.m. the next morning, July 31, 2014, Kelly Smith observed defendant sleeping in Tahoe Park next to some restrooms. Defendant’s dog, Soldier, a miniature pinscher, was sleeping next to him. When the dog woke up, it walked around defendant on all four legs with no apparent injuries. Defendant got up and used the restroom while the dog waited outside. Defendant put his belongings on his bicycle and yelled at the dog, “ ‘Come on bitch. Let’s go.’ ” Smith thought defendant sounded “[a]ggravated, possibly intoxicated.” The dog cowered and backed up. Defendant grabbed the rope attached to the dog, pulled the dog over to him, and put the dog on top of his belongings on the handlebars. When defendant tried to ride off, however, the dog fell off. Defendant grabbed the rope and “pulled it hard enough to where it jerked the entire dog’s body up in the air and all the dog’s legs, period, went up under the front tire of the bicycle.” As he did so, he yelled, “ ‘Come on you fucking bitch, let’s go. Come on you fucking bitch. Let’s go. We got to get the fuck out of here.’ ” Defendant ran over the dog, causing the dog to yelp and cry out, and then limp. He yelled, “ ‘Come on bitch before I fucking kill you.’ ” Smith called 911 and tried to follow defendant. Angela Lewis also observed defendant that morning yelling obscenities at the dog, then running over the dog’s leg with his bicycle, causing injury to the dog’s leg. When