People v. Freeman CA2/8

Filed 6/15/16 P. v. Freeman CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B262621

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA062180) v.

ANDRE FREEMAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Laura F. Priver, Judge. Affirmed.

Joseph R. Escobosa, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________

In June 2010, in an earlier case Andre Freeman pled no contest to one count of forced oral copulation. (Pen. Code, § 288a, subd. (c)(2).) In exchange, several other sex offense and illegal drug related counts were dismissed. The imposition of sentence was suspended, and Freeman was placed on five years’ probation. As conditions of probation, Freeman was to obey all laws and not possess drugs or consort with known drug users. Freeman was also ordered to pay restitution of more than $18,000 to his victims. The police were called to Freeman’s home on New Year’s Day 2014 in response to a call about an altercation between Freeman and his wife Tatiana, who claimed Freeman had shoved her around. The police arrested Freeman and, when they conducted a booking search, found a baggie containing methamphetamine. Although Freeman was initially charged with spousal assault and drug possession, the prosecution dismissed those counts and elected to bring a probation violation hearing instead. The police officer who responded to the disturbance call testified that party guest Armando Galan told him that Freeman called Tatiana a “fucking bitch and whore,” shoved her twice in the chest, and, after being separated, walked back and slapped her face. Galan also told the officer that Freeman started a fight with another guest. The officer also testified that when he searched Freeman at the police station, he found the baggie that turned out to contain methamphetamine. Galan gave generally evasive testimony about the events, but generally denied seeing Freeman shove or slap Tatiana. Freeman testified that he was upset because there were uninvited guests at his New Year’s Eve party and because he believed someone had given his wife methamphetamine. Freeman claimed he argued with his wife and took the baggie from her, intending to dispose of it later. He denied ever shoving or slapping his wife. Another officer testified that he went to Freeman’s home for a routine probation check on April 21, 2014, and found Tatiana inside the apartment, in violation of the restraining order she obtained against Freeman a few months earlier. Freeman testified that he believed the restraining order had been lifted.