People v. Roark CA5

Filed 8/26/20 P. v. Roark 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F077855 Plaintiff and Respondent, (Super. Ct. No. BF169385A) v.

BRANDEN ROARK, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Kern County. Gary T. Friedman, Judge. James Bisnow, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Kathleen A. McKenna and Timothy L. O’Hair, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

Branden Roark challenges his convictions stemming from two domestic violence incidents. He raises two claims on appeal. First, Roark contends the court erroneously permitted evidence he abused animals during his relationship with the victim. Second, he argues the prosecutor committed error by inquiring into the motivation underlying the victim’s testimony. We affirm. BACKGROUND Charges The Kern County District Attorney charged Roark with committing four crimes: assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4), count 1); felony domestic violence (Pen. Code, § 273.5, subd. (a), count 2); battery resulting in serious bodily injury (Pen. Code, § 243, subd. (d), count 3); and felony domestic violence (Pen. Code, § 273.5, subd. (a), count 4). As to counts 1 and 2, the district attorney alleged Roark personally inflicted great bodily injury while committing domestic violence (Pen. Code, § 12022.7, subd. (e)) and that he suffered a prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(j)). Trial Evidence The victim testified at trial to several charged and uncharged incidents of domestic violence. The evidence relevant to the charged conduct established Roark once “slammed” the victim onto a couch. The slamming resulted in various bruises to the victim’s “legs,” “knees,” “chest,” “neck,” and “arms.” On another occasion, he strangled the victim. The victim testified that, during the strangling, “I was blacking out,” and “I was unconscious.” The evidence of uncharged domestic violence covered general and specific instances. Two specific instances were featured prominently. In one, Roark punched and bruised the victim’s arm. In the other, he bit the victim’s wrist leaving “fingernail” and “teeth marks.”