People v. Rodriguez CA6

Filed 6/28/21 P. v. Rodriguez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H046436 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1756657)

v.

GONZALO ROMERO RODRIGUEZ,

Defendant and Appellant.

A jury acquitted defendant Gonzalo Romero Rodriguez of nine felony counts of assault, sexual abuse, and making criminal threats but convicted him of misdemeanor battery on a person with whom he had a dating relationship. Defendant pleaded no contest to possession of a controlled substance. The trial court sentenced defendant to 365 days in county jail, which the court deemed satisfied by time served; the court also imposed various fines and fees. During the pendency of this appeal, the trial court ordered those fines and fees stricken or stayed. On appeal, defendant’s counsel filed an opening brief in which no issues are raised and asked this court to independently review the record under People v. Wende (1979) 25 Cal.3d 436. We sent a letter to defendant notifying him of his right to submit a written argument on his own behalf on appeal. He has not done so. Finding no arguable appellate issue, we affirm. We will provide “a brief description of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed,” as required by People v. Kelly

(2006) 40 Cal.4th 106, 110. We will further include information about aspects of the trial court proceedings that might become relevant in future proceedings. (Id. at p. 124.) I. FACTUAL SUMMARY Defendant and Veronica E. began dating in the spring or summer of 2016. Shortly thereafter, they began living together in a room he rented in a house in San Jose. Several other people lived in the house as well. Veronica testified that defendant was controlling, aggressive, and abusive from the start of their relationship. She said that she moved in with him, not because she wanted to, but out of fear because he threatened her. By contrast, defendant testified that Veronica moved in with him because she said she was pregnant and her existing housing was unstable; she later told him that she miscarried. Veronica testified inconsistently as to whether she ever told defendant she was pregnant. She eventually testified that she was unable to have more children due to an operation and admitted to lying to defendant about being pregnant. Veronica testified that defendant physically abused her on a daily basis. He would hit her in the face, pull her hair, twist or bend back her fingers, put his hands around her neck, and threaten her with a knife. Veronica testified that defendant sexually abused her on approximately five occasions, having forcible vaginal and anal sex with her. Veronica reported some of the abuse to police on January 24, 2017. She reported that, in the past, defendant had hit her, broken her finger, pulled her hair, and threatened her with a knife. Veronica initially falsely told the officer she spoke with that day that she had never been arrested, but later admitted to him that she had been. On the morning of January 30, 2017, Veronica drove defendant to a court appearance. According to Veronica, they were broken up at this point and she drove him because he threatened her. They got into a fight in the car after the court appearance. Veronica testified that defendant hit her in the face, kicked her, and twisted her fingers as she drove. At a stop light, he turned the car off, took the keys out of the ignition, got out of the car, and walked away with the keys, leaving Veronica and the vehicle in the middle