People v. Lawless CA5

Filed 3/9/16 P. v. Lawless 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069596 Plaintiff and Respondent, (Super. Ct. No. BF144935A) v.

KRISTOPHER WILLIAM LAWLESS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Gary T. Friedman, Judge. Linda J. Zachritz, 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 Levy, Acting P.J., Gomes, J. and Franson, J.

FACTS AND PROCEDURAL HISTORY1 On October 29, 2012, Kristopher William Lawless (defendant) began accusing his girlfriend, who had lived with him for about three months, of stealing money and pills from him.2 When she denied taking his property, he struck her on the head with a glass vase filled with glass marbles, then punched her until she lost consciousness. When she woke, she was tied up in a tent in the spare bedroom. Defendant continued to accuse her of stealing, and stated he would kill her if she did not return his money and drugs. Defendant threatened to slit her throat, then stabbed her in the neck and lower lip. Over the next two days, defendant bit her, burned her with a gas torch he used to smoke methamphetamine, and repeatedly choked her with a rope almost to the point of unconsciousness. She was finally able to escape on the evening of October 31, 2012, when defendant untied her because it was her birthday. Defendant was arrested; he then made several phone calls from jail to various people — including his mother — threatening to harm them if they did not help him stop the victim from talking. At defendant’s first trial, a jury convicted him of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 7), possession of drug paraphernalia (id., former § 11364.1; count 8), and leaving the scene of an accident where property was damaged (Veh. Code, § 20002, subd. (a); count 10). Jurors acquitted him of, or were unable to reach a verdict on, multiple charges related to his conduct toward the victim. In anticipation of a retrial, which began March 4, 2014, the People filed an amended information, charging defendant with torture (Pen. Code,3 § 206; count 1), willful infliction of corporal injury on a cohabitant with the personal infliction of great