People v. Vales CA2/6

Filed 3/2/16 P. v. Vales CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, 2d Crim. No. B259765 (Super. Ct. No. 2013014769) Plaintiff and Respondent, (Ventura County)

v.

ANGEL JOSEPH VALES,

Defendant and Appellant.

Appellant Angel Joseph Vales forced his 80-year-old father to drive him to the beach to meet a friend. During the drive and the return trip home, appellant physically attacked father. The abuse continued at home. Appellant grabbed his 86-year-old mother when she tried to summon help. Appellant was convicted by a jury on eight criminal offenses resulting in a four-year prison term. He contends the trial court erred by failing to instruct the jury sua sponte on the lesser included misdemeanor versions of felony false imprisonment and felony elder abuse and by imposing rather than staying his sentences on counts 2 and 5. (Pen. Code, § 654).1 We modify and affirm the judgment.

1 Appellant was convicted on count 1 (false imprisonment, § 368, subd. (f)); counts 2 & 4 (battery on an elder, § 243.25); count 3 (felony elder abuse, § 368, subd. (b)(1)); count 5 (misdemeanor elder abuse, § 368, subd. (c)); count 6 (failure to obey a court order, § 166, subd. (4)); and counts 7 & 8 (resisting, obstructing, delaying of a peace officer, § 148, subd. (a)(1)).

FACTUAL AND PROCEDURAL BACKGROUND Appellant lived with his parents, Ramon and Josefina, in Santa Paula despite a protective order barring him from their residence. On May 8, 2013, late at night, Ramon was already in bed when appellant "demand[ed]" a ride from him to a location near the beach to meet appellant's friend. Ramon agreed to avoid an argument. During the drive, appellant yelled at Ramon and "aggressively" insulted him with "derogatory" and "words that are bad." He hit Ramon's chest and arm "with a closed fist." When Ramon tried to "get off the road" to ask for help, appellant grabbed the steering wheel, moved it, and prevented Ramon from pulling over. Ramon drove "erratically" and was afraid that he would crash. He stopped the truck in the middle of an intersection facing oncoming traffic "to get a passer- by's attention," but no one came to his aid. Appellant "grabbed" Ramon's legs and arms when he tried to exit the truck. He held onto Ramon's arm, told him to stay in the truck and "keep on driving and go fast." Appellant threatened to stop Ramon's heart with "with one blow" to his chest and to wrap a plastic bag around Ramon's neck. Upon arrival at the beach, appellant took the truck keys from Ramon to "prevent him from leaving the area" and returned the keys after meeting his friend. He continued to hit Ramon during the drive back home. When they arrived at home, appellant got out of the truck and walked toward the house. He returned to the truck and continued to argue with Ramon and to hit him. He struck Ramon's legs, nearly causing him to fall. Josefina came out of the house after hearing appellant's shouts. She gave Ramon a glass of water that he had requested. Appellant took it away from him and threw the water in Ramon's face. Josefina "got scared and nervous." Appellant grabbed Josefina by her wrist when she tried to run for help. She was able to get away from appellant. She found highway patrol officers nearby who