People v. Carrasco CA2/8

Filed 1/11/21 P. v. Carrasco CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B303248

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA121524) v.

RUBEN CARRASCO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Steven D. Blades, Judge. Affirmed with corrections. Garen Nazarian, 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, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Nima Razfar, Deputy Attorney General, for Plaintiff and Respondent.

____________________ Ruben Carrasco appeals the trial court’s refusal to instruct the jury on simple assault, which is a misdemeanor. We affirm because there was no basis for this instruction: the evidence showed either aggravated assault or else no assault at all. We also correct the abstract of judgment. Statutory references are to the Penal Code. I Although Carrasco did not testify to the July 2019 incident, three eyewitnesses did. A Joseph Warren was in a parking lot that day. He heard a scream across the street and a woman telling a man to get away from her. The man, Carrasco, was pushing the woman’s back. Other evidence would show the woman was Carrasco’s wife, Estela Rios. Warren saw Carrasco push Rios three times. The couple kept walking, and Warren went back to his work. Warren then saw Rios come around the corner on his side of the street. She was crying. Carrasco was following her. Rios put down the items she was carrying. Carrasco kicked them over. She cried for him to leave her alone. Carrasco punched her in the stomach three times or more. The punches seemed “pretty strong” to Warren. As Carrasco punched Rios, she continued to plead for him to leave her alone. Carrasco held a metal “trash picker upper.” He hit her legs twice with this stick. Carrasco swung the stick hard. Nothing slowed its momentum until the stick hit her leg. Warren also saw Carrasco hit the woman on the back of her head, above and behind her ear. He could not tell if the blow was