People v. Cramer CA3

Filed 8/1/16 P. v. Cramer CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C080611

Plaintiff and Respondent, (Super. Ct. No. CM041806)

v.

LANDON RICHARD CRAMER,

Defendant and Appellant.

Defendant Landon Richard Cramer pleaded guilty to corporal injury upon a girlfriend (Pen. Code, § 273.5, subd. (a)),1 willfully making criminal threats (§ 422, subd. (a)), and willfully resisting a peace officer (§ 148, subd. (a)(1)). He also admitted to committing these offenses while released from custody on bail or his own recognizance. (§ 12022.1.) The trial court sentenced defendant to an aggregate term of four years eight months in prison.

1 Undesignated statutory references are to the Penal Code.

1

On appeal, defendant contends the trial court abused its discretion by denying his request for probation. Defendant further contends the trial court abused its discretion by imposing the upper term on the corporal injury offense and a consecutive eight month sentence on the criminal threats offense. We conclude the trial court did not err, and therefore affirm the judgment. I. BACKGROUND2 In August 2014, the police were dispatched to the victim’s home in response to a report of a domestic dispute. The reporting party advised the dispatcher that he had been awakened by the sound of defendant punching the victim. The police officer that responded to the victim’s home observed several lacerations on the victim’s right cheek, a large laceration on her left cheek, multiple bruises on her face, a large bruise on her buttocks, and visible red marks and bruising around her neck. The victim reported that she and defendant had been involved in a romantic relationship for approximately two years. She stated that they had separated but remained in an “on and off” again relationship for approximately three months. The victim also reported that defendant had strangled her and punched her multiple times in the face, rib cage, and buttocks. She further reported that defendant had physically abused her in the past, had previously threatened to kill her, and had recently strangled her. Around an hour after the attack, defendant sent the victim a text message stating: “You have 12 hours to find me, before I find you.” The message included several “ ‘emoji’ images of bombs, guns, knives, needles, and [a] fork and knife.” Defendant sent another text message stating: “12 hours . . ., no one cheats on me.” He also sent a