People v. Bontemps CA3

Filed 9/2/16 P. v. Bontemps CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C079187

Plaintiff and Respondent, (Super. Ct. No. 08F06199)

v.

GREGORY BONTEMPS,

Defendant and Appellant.

Defendant Gregory Bontemps appeals from the trial court’s denial of his seventh petition for resentencing pursuant to Penal Code section 1170.126.1 He contends the trial court erred in failing to separately evaluate each of his three convictions for eligibility for resentencing. We affirm the trial court’s orders.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND In July 2008, Charlene and defendant, her then husband, got into an argument about her son, Anthony. Over the next few hours, Charlene and defendant both drank alcohol and continued to argue. After Charlene fell asleep, defendant woke her by grabbing her by the hair, pulling her into a sitting position, and saying, “Bitch, make me some dinner.” Charlene fought back and defendant swung her down toward the ground and punched her in the back and in the nose. Blood gushed out of her nose covering her hands and face and spreading to her clothing, the sheets, the bedroom and bathroom floors, furniture, and the walls. While her nose was still bleeding, defendant told her several times he would kill her. He also said if she called the police, she would be “done before they hit the corner.” He told her if she called her son, he would kill her son as well. These threats frightened Charlene because of defendant’s “violent criminal past.” Accordingly, she did not immediately call the police or her son. Defendant made Charlene clean the blood off herself, the floors, and the sheets. After she cleaned up her blood, defendant told her to lie down, which she did because she remained afraid of defendant because of his “violent criminal past.” Eventually, she fell asleep. The following morning, when defendant left the house and went to the store, Charlene called 911 and defendant’s parole agent to report the previous evening’s assault. Then she called her son. The police took Charlene’s statement and photographs of her injuries. She had bruises on her leg and back, a contusion and swelling to her nose, a cut lip, and a sore head. Defendant was arrested away from the home. Subsequently, Charlene visited defendant in jail, deposited money into his jail account, and wrote him letters. In those letters she told him she still cared for him, but was moving his things out of the home. Charlene acknowledged that while defendant