People v. Gadsky CA6

Filed 5/26/21 P. v. Gadsky CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H048485 (Monterey County Plaintiff and Respondent, Super. Ct. No. 19CR008763)

v.

DAVID ROBERT GADSKY,

Defendant and Appellant.

Defendant David Robert Gadsky appeals after pleading no contest to infliction of corporal injury on a spouse or cohabitant with a prior domestic violence conviction (Pen. Code, § 273.5, subd. (f)(1))1 and misdemeanor preventing or dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)). Defendant was sentenced to the low term of two years in state prison. On appeal, defendant contends the trial court abused its discretion by denying probation. For the reasons explained below, we will affirm the judgment. I. BACKGROUND A. Facts of the Charged Offenses2 Defendant’s current convictions stemmed from an incident on August 3, 2019. According to Jane Doe, his girlfriend at the time, defendant had “attacked” her in their bedroom.

1 Unspecified section references are to the Penal Code. 2 The facts are taken from the transcript of the preliminary hearing.

Earlier that evening, defendant and Doe had been drinking alcohol. Defendant was “quite intoxicated.” He was also “angry, belligerent.” Doe went to the bedroom to avoid defendant. Defendant opened the bedroom door and turned off the light. Doe did not respond, so defendant unplugged the television. Doe again did not respond, so defendant took the remote control. Defendant grabbed Doe by the hair and threw her on the ground. Defendant then got on top of Doe and held her down. Defendant held Doe by the hair and punched her in the ribs. He was “cussing” at her, calling her things like “[s]tupid bitch.” Doe managed to get defendant off her. She pushed defendant into the hallway and then shut the door. She tried to hold the door closed, but defendant was able to come back into the bedroom. Defendant put Doe on her back and got on top of her. Defendant held Doe by the throat and tried to “shove his tongue” into her mouth, but she bit him and pushed him off her. When Doe told defendant she was going to call the police, defendant said he would tell the police she had pushed him into a fire pit. In fact, defendant had fallen into a fire pit earlier that evening and had suffered burns on his hands and arms. When police arrived, he claimed that Doe had thrown boiling water on him. Doe declined medical treatment. However, as a result of the incident, Doe had a “punch mark” on one arm and a bruise on the other arm. She also had red marks on the back and sides of her neck. B. Past Domestic Violence According to Doe, defendant had been violent about 30 previous times during their 10-year relationship. Defendant was always drunk when he was violent. The most recent prior incident was about two weeks before the August 3, 2019 incident. Doe had tried to intervene when defendant was trying to hit his nephew with a hatchet. Defendant grabbed Doe, hit her, and threw her down. 2