P. v. Burquez CA2/6

Filed 4/3/13 P. v. Burquez CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B237506 (Super. Ct. No. 2010042529) Plaintiff and Respondent, (Ventura County)

v.

TRINIDAD CRUZ BURQUEZ, JR.,

Defendant and Appellant.

A jury found Trinidad Cruz Burquez, Jr., guilty of corporal injury to a cohabitant. (Pen. Code, § 273.5, subd. (a).) Burquez admitted he suffered a previous conviction for violating section 245, subdivision (a) within the meaning of sections 667, subdivisions (c)(1) and (e)(1); and 1170.12, subdivisions (a)(1) and (c)(1), the three strikes law.1 We affirm. FACTS Burquez and Teresa Cummings had a turbulent six-year relationship. On October 10, 2010, they were living together in the same apartment. They were drinking at the beach, when they started to argue. Burquez hit Cummings with a newspaper. They

1 All statutory references are to the Penal Code unless otherwise specified.

rode their bicycles home, and continued the argument in their apartment. Burquez left the apartment, and rode to a park. Cummings followed him to the park. Oxnard Police Officer Victor Boswell went to the park in response to a 911 call. Cummings told Boswell that she confronted Burquez outside a park restroom. Burquez punched Cummings in the eye with a closed fist. Cummings also had bruises on her arm. She said Burquez caused the bruises about a week prior to the incident. She said she did not call the police at that time because she was afraid of Burquez. Cummings recanted at trial. Cummings testified that when she arrived at the park, she began talking to a friend, Mario Rodriguez. Burquez overheard Rodriguez ask Cummings if she wanted to go out with him. Burquez and Rodriguez began to yell and push each other. Cummings stepped between the men to break up the argument and Rodriguez hit her in the left eye. Rodriguez left the park. Burquez rode after him while Cummings called 911. Other acts of domestic violence In April 2006, Cummings and Burquez got into an argument at the beach. Burquez grabbed her, causing bruises that covered her arm. He also gave her two black eyes and a sprained or fractured finger. Cummings said she injured her finger when Burquez pushed her off a bench. He also hit her in the face with a video game, grabbed her by the arms, and hit her head against a "posterboard." Burquez pled guilty to a violation of section 273.5, subdivision (a). Cummings filed a request for dismissal stating this was the first time Burquez assaulted her. On February 4, 2011, Cummings came home and asked for grocery money. Burquez pushed her twice and hit her chest. Cummings called the police but no charges were filed. On June 23, 2011, Burquez returned home late at night. Cummings asked him where he had been. Burquez became upset, called her names and hit her on the left eye. Cummings was bleeding. She went to tell her landlord. Cummings called the