People v. Andrades CA2/8

Filed 6/20/16 P. v. Andrades CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B263046

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA091839) v.

JUAN R. ANDRADES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Curtis A. Kin, Judge. Affirmed.

Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Stephanie A. Miyoshi and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent.

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Juan R. Andrades appeals from his judgment of conviction for burglary (Pen. Code, § 459) and assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(4)).1 The victim in this case was appellant’s sister, Iris Mendez (Mendez). Appellant asserts instructional error and that insufficient evidence supported his conviction on both counts. We affirm. FACTS AND PROCEDURE The case against appellant arises from events at his family home on December 25, 2013. Police were called to the home three times on December 25. Appellant lived in the home with his sister Mendez, her husband Jorge Alberto, appellant’s girlfriend “Gina,” and other family members. On December 24, they had a family gathering, which also included appellant’s mother Ana Mendez (Ana). Many of them were drinking alcohol. Mendez started drinking at approximately 5:00 p.m. on December 24 and only slept for a few hours around 5:00 a.m. on December 25. She awoke around 7:00 a.m. Mendez was intoxicated that morning. She probably drank more than 12 beers between 5:00 p.m. and 5:00 a.m., and she drank two beers mixed with tomato juice after waking up. Mendez called 911 at approximately 8:00 a.m. on December 25 because appellant and Gina were arguing, and appellant was so upset that Mendez thought he would hit Gina. Appellant became upset with Mendez for calling 911 because he said Gina had problems with the police. The Los Angeles County Sheriff’s Deputies arrived and stayed for 10 to 15 minutes but did not write a report because “it was just an argument” or family disturbance, and they did not think a crime had occurred. After they left, Mendez told appellant she did not want Gina living in the house anymore.