People v. Solis CA5

Filed 9/28/16 P. v. Solis CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F072335 Plaintiff and Respondent, (Super. Ct. No. 14CR-00240) v.

MARK SOLIS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Mark V. Bacciarini, Judge. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Keith P. Sager, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Franson, J. and Peña, J.

INTRODUCTION Defendant/appellant Mark Solis stands convicted of violating Penal Code1 section 273.5, subdivision (a). Solis admitted two enhancements, specifically a prior serious or violent felony within the meaning of section 1170.12; and a prison prior within the meaning of section 667.5, subdivision (b). Solis contends the evidence is insufficient to sustain the section 273.5, subdivision (a) conviction because there is no evidence the victim suffered a traumatic condition. He also contends the trial court erred at sentencing by staying, instead of striking, the section 667.5, subdivision (b) enhancement. We affirm the conviction and sentence. FACTUAL AND PROCEDURAL SUMMARY In November 2014, Angela Fragulia (Fragulia) lived on Norton Avenue in Dos Palos. There were two houses located on the property next door. Michelle Wagner (Wagner) lived in the house that was closest to the street; Solis and his girlfriend, Christina Flores (Flores), had been living in the rear house for several months. The rear house did not have electricity or running water; Flores and Solis were squatters. On November 4, 2014, around 4:15 p.m., Fragulia heard yelling from next door. Fragulia stepped outside and heard Flores say, “Oh you think you’re a big f***in’ man because you can beat up a woman?” Fragulia then saw Solis throw Flores to the ground and kick her three or four times. She also heard Solis repeatedly call Flores a “f***ing whore.” Fragulia immediately called 911. At about this time, Wagner went outside to look for her cats. Fragulia told Wagner that Flores and Solis were fighting and that Flores had “been screaming to call the police.” Wagner heard Flores screaming at Solis to get off of her; Wagner ran back toward the rear house where Flores and Solis were living. Wagner saw Solis dragging Flores out of the house by her hair; Flores was holding on to her own hair as Solis