People v. Maclis CA3

Filed 9/2/22 P. v. Maclis CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (El Dorado) ----

THE PEOPLE,

Plaintiff and Respondent, C092941

v. (Super. Ct. No. P19CRF0348)

RUBEN MACLIS,

Defendant and Appellant.

Appointed counsel for defendant Ruben Maclis asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Based on our review of the record, we will modify the judgment to strike a domestic violence fee and to vacate a presentence investigative report fee. Finding no other arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment as modified. I Defendant and P.R. had two children together and had an on-again, off-again relationship. In August 2019, P.R. worked as a cashier at a Quik Stop. One day prior

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to her shift she moved her things out of defendant’s house without telling him. Defendant called her several times and then showed up at her work. They both entered defendant’s truck and he drove away. At some point, P.R. got out of defendant’s truck along the highway and ran toward the nearby main street, bleeding. She asked a former coworker to take her to P.R.’s aunt’s house. According to the aunt, P.R.’s lip was cut and swollen and her nose and legs were bleeding. P.R. told her aunt defendant had stabbed her in the legs. P.R. drew the curtains and said she was afraid defendant would be after her. P.R.’s uncle called 911. But P.R. refused to tell the responding officer what happened. Later P.R. denied having a bloody nose and swollen lip, and denied saying defendant had hurt her. She said she stabbed herself in the leg several times to make defendant stay with her. She said she did not tell law enforcement she had stabbed herself because she did not want child protective services to take her children away. The next day, P.R. returned to work at the Quik Stop. According to her manager, P.R. said defendant had grabbed her by the hair, forced her to go with him, and stabbed her and beat her. D.H. testified on defendant’s behalf. She said sometime in July 2019 defendant was cutting down a tree on D.H.’s property and defendant and P.R. were arguing. D.H. saw P.R. holding a screwdriver, and she stabbed herself in both legs, telling defendant he could not break up with her. P.R.’s cousin also testified on defendant’s behalf, saying P.R. had a history of lying. In addition, defendant said he did not know how P.R. got the puncture wounds on her legs, but he had seen her injure herself on prior occasions. In June 2020, the jury found defendant guilty of inflicting corporal injury on a girlfriend or child’s parent resulting in a traumatic condition, with a prior conviction