People v. Rios CA4/3

Filed 9/27/16 P. v. Rios CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G051924

v. (Super. Ct. No. 14NF2299)

JAVIER SALAZAR RIOS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Steven D. Bromberg, Judge. Affirmed. Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton, Deputy Attorney General, for Plaintiff and Respondent. * * *

A jury convicted Javier Salazar Rios of domestic battery with corporal injury (Pen. Code, § 273, subd. (a) [counts 1-2, 4]; all statutory citations are to the Penal Code), criminal threats (§ 422 [counts 3, 5]), and false imprisonment by violence or menace (§§ 236, 237, subd. (a) [count 6]). The jury also found Rios inflicted great bodily injury (GBI) (§ 12022.7, subd. (e) [count 1]), and personally used a deadly weapon (§ 12022, subd. (b)(l) [count 5]). Rios challenges the sufficiency of the evidence to support the jury’s finding he inflicted GBI. For the reasons expressed below, we affirm.

I FACTUAL AND PROCEDURAL BACKGROUND In 2014, Rios and T.R. had been in a relationship for 24 years, married for 12 years, and had three children together. T.R lived with Rios and their two sons in an Anaheim apartment. T.R. described a long history of regular beatings by Rios beginning in 1988. He often struck her with his hands and fists, and also kicked her, resulting in black eyes and bruises on her body. He once struck her on the finger with a bamboo stick, which required surgery. In December 2008, the couple’s daughter reported one of these incidents to school officials, but T.R. denied the abuse had occurred. T.R. moved out of the residence for about six months in July 2012, but moved back in after she lost her job. Rios resumed beating her about eight months later. On Friday, May 23, 2014, T.R. returned home from work around 4:30 p.m. When the couple argued Rios punched T.R. in the ribs with his fist. The abuse continued over the next four hours. He struck her on the back, arms, stomach, ribs and face. T.R. estimated Rios struck her “at least 100 times” on this occasion. He also used a belt, striking her at least 50 times across her body. The couple’s adult daughter arrived on Friday evening with her children. She heard a whipping sound coming from her parents’ bedroom and heard her mom