People v. Vasquez CA2/1

Filed 6/2/16 P. v. Vasquez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B258147

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA407583) v.

JOSE S. VASQUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Los Angeles Superior Court, Anne H. Egerton, Judge. Affirmed. Donna L. Harris, under appointment by the Court of Appeal, for Defendant and Apellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Margaret E. Maxwell and Nathan Guttman, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Jose S. Vasquez contends his constitutional right to due process was denied when the trial court refused to give his proposed pinpoint instructions. The trial court properly rejected defense-proffered instructions that simply repeated instructions that the court had already decided to give. Accordingly, we hold that the jury was properly instructed and affirm the judgment. BACKGROUND Vasquez stabbed the victim, Roxana Varela, to death, in front of their two 1 2 daughters, C. and L. C. testified that she lived with her mother, Varela, and her father, Vasquez, along with her younger sister, L. C. testified that her parents always argued. Just before 7:00 a.m., on the morning of February 5, 2013, C. awoke to her mother’s screaming in the apartment bathroom. She and her younger sister went to the bathroom where they saw Vasquez stab Varela with a knife. When Varela screamed, Vasquez covered her mouth. C. tried to stop Vasquez by biting and then pushing him. Vasquez pushed C. out of the bathroom, injuring her ankle, and slammed the door. C. called 911 and led her sister outside, where they continued to hear their mother’s screams. When police arrived, the screaming stopped. Officer Javier Borrego testified that, having been informed that the victim was inside the apartment with her attacker, he and his team broke down the door. They discovered that a sofa or armchair had been pushed up to block the door. When he got to the bathroom, he saw blood seeping under the door. The officers identified themselves in English and Spanish and then pushed the door open. Varela, in a bra and jeans, was on the floor, “motionless, very pale, with flesh wounds.” Officer Borrego then saw Vasquez and called out to him in Spanish. Investigating Officer Detective Ray Martinez testified that, when he arrived, he saw that Vasquez was covered with blood. Officer Frank