People v. Baganha CA5

Filed 4/26/16 P. v. Baganha 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069626 Plaintiff and Respondent, (Super. Ct. No. BF152643A) v.

DAVID BAGANHA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Gary T. Friedman, Judge.

Monique Q. Boldin, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Jamie A. Scheidegger, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Defendant David Baganha was convicted by a jury in count 1 of willful infliction of corporal injury, a violation of Penal Code1 section 273.5, subdivision (a), and in count 2 of criminal threats, a violation of section 422. The trial court imposed a sentence of three years for the count 1 offense and a consecutive eight months for the count 2 offense. Baganha contends the imposition of a consecutive term for the count 2 offense violates section 654. We disagree and affirm. FACTUAL AND PROCEDURAL SUMMARY Baganha and the victim, C.C., knew each other from childhood and had lived together for 16 years. In 2012, the relationship began to deteriorate. The evening of January 9, 2014, C.C. was watching television when Baganha came over, lifted her up, and threw her to the other side of the couch. C.C. landed on her back. Baganha put a pillow over her face and began calling her names, including “fucking whore,” and accusing her of “screwing everybody” and being involved in a “sex club.” C.C. kept trying to push the pillow off her face because it was getting hard for her to breathe. Baganha “adjusted himself” to get a better “hold on the pillow.” When he did so, C.C. kicked him between the legs and scratched his face. C.C. rolled off the couch and landed on her stomach. Baganha put his knee on her back, pushed the pillow under her face, and held her head down. C.C. estimated that during the entire time of the assault, Baganha held a pillow to her face eight or nine times. Baganha told C.C., “[B]itch, you’re gonna die tonight, and they’re going to find your body in the Kern River.” Baganha shoved a paper tablet into C.C.’s hands and told her to write down a “confession of infidelity.” Baganha hovered over C.C. while he dictated her “confession” and she was writing; C.C. was unable to get away from him. C.C. was scared and did whatever Baganha asked her to do. The “confession” was five pages.