People v. Morgane CA3

Filed 3/18/21 P. v. Morgane CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C089698

Plaintiff and Respondent, (Super. Ct. No. 18FE020173)

v.

VICTOR MORGANE,

Defendant and Appellant.

A jury found defendant Victor Morgane guilty of assaulting and threatening his girlfriend over a period of several hours spanning several different locations. The trial court sentenced him to an aggregate term of four years eight months in state prison. Defendant now contends the trial court erred in failing to apply Penal Code section 6541

1 Undesignated statutory references are to the Penal Code.

1

to two of his six counts of conviction--count two, assault with a deadly weapon (mop handle), and count five, criminal threats. Finding no error, we affirm. FACTUAL AND PROCEDURAL HISTORY We include only the facts and procedural details relevant to defendant’s single sentencing claim on appeal. Defendant and the victim had an “off and on” romantic relationship for four years. They also had a daughter together. One night defendant called the victim repeatedly to discuss their relationship. She turned off her cell phone. The next morning, defendant arrived unannounced at her home and told her that he would wait for her while she took her older children to school. When the victim returned with only her toddler daughter, defendant asked the victim whether they were going to “do this” inside or outside. They went inside the victim’s home. Once inside, defendant slapped the victim (knocking her to the ground) and grabbed her keys and phone from her purse. As she tried to get up, defendant said, “don’t you move” and kicked her twice in her side. He told their toddler that she was not his child and her mother was a “whore.” He grabbed the victim by her braids and dragged her to her bedroom, pulling out a braid and leaving a bald spot. He told her: “I’m going to make you feel everything that you made me feel. I’m going to make you feel the hurt and the pain that I felt all this time.” For 20 to 30 minutes, he went through her phone, pacing around the room while reading sexualized messages between her and other men. Every time she asked him to stop, he would hit her on her side with a closed first. He called her names and accused her of cheating on him. He hit her in the face with a water bottle, poured the water on her, and slapped her face. Both before and after he looked at her phone, he told her, “bitch, you are going to die today,” and “I’m going to kill you.” She was very scared and believed his threats, because he had never been so angry before.