People v. Newman

Filed 9/19/19 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B291412

Plaintiff and Respondent, (Los Angeles County Super. Ct. v. No. MA070718)

ANDREW NEWMAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Affirmed. Eric E. Reynolds, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General of California, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, Rene Judkiewicz, Deputy Attorney General, for Plaintiff and Respondent. ____________________

Andrew Newman broke into H’s bedroom, pointed a gun at her, and ordered her into his car. A jury convicted Newman of first degree burglary, assault with a firearm, and kidnapping. Newman makes three arguments: he moved H too short a distance to count as kidnapping; the trial court incorrectly instructed the jury; and we should strike assessments in light of People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). We affirm. Statutory references are to the Penal Code. I H was a high school junior when she started dating Newman in 2013. Six months into the relationship, Newman began physically abusing H. The abuse continued almost every day until the relationship ended in 2016. Newman hit H with a metal pole as punishment for “anything [she] did bad.” In one instance, Newman hit H with the pole because she “folded a shirt that needed to be hung.” The pole left scars. Newman also scarred H’s stomach by pinching her hard. Newman held H’s head underwater in a tub. She “forgot what [she] had done wrong” for Newman to punish her this way. Newman punched H’s face over 11 times because he thought she said something wrong. He also threw H’s dog next to railroad tracks and held a knife to the dog until H apologized for something. H was afraid to leave Newman because he threatened to find and torture her and kill her and her family. The two broke up several times but Newman always convinced H to get back together by telling her things would change and she would not have to be afraid anymore. H eventually blocked all contact.