People v. Paredes CA3

Filed 5/7/21 P. v. Paredes CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C090403

Plaintiff and Respondent, (Super. Ct. Nos. 19F2405, 13F7483) v.

JOEL ALBERTO PAREDES,

Defendant and Appellant.

A jury found defendant Joel Alberto Paredes guilty of committing domestic violence and falsely imprisoning his ex-girlfriend during an argument. On appeal, defendant contends the trial court erred when it declined to stay the sentence on his false imprisonment conviction, pursuant to Penal Code1 section 654. Finding no error, we affirm.

1 Undesignated statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND I The Facts Defendant had an on-again-off-again relationship with J. T., the mother of his daughter. One evening, after spending the day together, defendant and J. T. drank alcohol together at J. T.’s home and they began to argue. Defendant took J. T.’s phone and put it in his pocket because he wanted to have a conversation with J. T. He told J. T. he wanted to get married, but J. T. said she did not want to be with him. Defendant became very upset. J. T. wanted to end the argument and go to bed, but defendant boxed her in against the stove. J. T. felt stressed and trapped. She told defendant she felt claustrophobic and shoved defendant away, but defendant grabbed both her arms hard and held her against the stove. He was drunk and panicky. As defendant held J. T., he told her, “We’re going to be together . . . me, you, and our daughter. We’re going to be a family finally.” “We’re going to end the single mom cycle.” J. T. broke free, but two seconds later, defendant again grabbed J. T.’s arms and pushed her against the counter. He held her there for a couple of minutes as they continued to argue. Defendant eventually let go of J. T. J. T. threatened to call the police on defendant. Defendant said that she could not call them because he still had her phone. J. T. said she would just go to the neighbor’s house and have them call the police. Defendant said “something smart” like “Go ahead. Go to the neighbor’s. Have them do it.” They yelled at each other for several more minutes until J. T. opened the front door so she could run outside to the neighbor’s house to call the police. As she ran out the door, defendant grabbed J. T. by the arm, swung her back into the house, shut the door, and locked it. Defendant boxed J. T. in on the couch and yelled at her for about 20 minutes. Their argument eventually de-escalated. They both went outside for a cigarette, and the police arrived. J. T. had bruises on her arms, which were not present before defendant grabbed her. J. T. estimated that approximately