People v. Delgadillo CA2/1

Filed 10/29/20 P. v. Delgadillo CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B295324

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA096701) v.

FELIX DELGADILLO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Scott T. Millington, Judge. Affirmed. Carolyn D. Phillips, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Paul M. Roadarmel, Jr., and Eric J. Kohm, Deputy Attorneys General, for Plaintiff and Respondent.

Felix Delgadillo appeals from convictions for kidnapping and battery against the mother of his child, contending (1) the recording of an anonymous 911 telephone call was improperly admitted into evidence at trial, and (2) the court erred in failing to hold on its own motion a hearing to determine whether he had the ability to pay restitution and fines. We disagree with both contentions, and thus affirm. BACKGROUND On October 15, 2017, Delgadillo beat Claudia G., the mother of his child, threw her into the trunk of her white Toyota, and drove away from a hotel room they had rented. The abduction was witnessed by a man who called the Inglewood Police Department and anonymously reported the license plate number of the car and direction it had taken. Inglewood Police Officers Joseph Lisardi and Daniel Lee, on patrol in the area, received a call about the abduction and located the Toyota. Pulling up behind it, the officers observed that the car had a flat tire with some tools nearby, but was empty. They saw Delgadillo and Claudia G. some distance away, and observed Delgadillo push Claudia G. to the ground and begin to hit her, then grab her by the legs and drag her out of view. Lisardi ran to where he last saw them, found Claudia G. “standing leaning against a car crying . . . and observed a male running down the alley westbound.” Lisardi chased Delgadillo and arrested him. When Lee spoke with Claudia G., she complained of pain “under her breast area,” bore fresh scratches on her face, and was bestrewn with dirt and debris. She ultimately identified Delgadillo as her assailant and abductor.