P. v. Gaston CA3

Filed 5/21/13 P. v. Gaston CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C072430

v. (Super. Ct. No. CM037051)

REGINALD DEWAYNE GASTON, JR.,

Defendant and Appellant.

Appointed counsel for defendant Reginald Dewayne Gaston, Jr., asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. I Because the matter was resolved by plea, the background facts are taken from the probation officer’s report. Defendant and the victim were former cohabitants. In

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August 2012, the victim contacted defendant regarding his visitation of their two older children, ages four and five. Pursuant to defendant’s instructions, the victim brought the children to defendant’s workplace. Rather than receiving the children, however, defendant began driving to his parents’ residence in Palermo. The victim, with the children, followed defendant in her own car. The victim realized she did not have enough gasoline for the trip to Palermo. Both parties pulled over and the victim told the children to get into defendant’s car. Believing that defendant would argue with her about a Facebook photograph, the victim drove away after the children left her car and before they entered defendant’s car. When the victim looked in her rearview mirror, however, she saw that defendant was pursuing her and the children were screaming on the side of the road. The victim returned to the children and told them to get in her car. But defendant pushed the victim to the ground and called her a “whore.” Defendant pulled off some of the victim’s clothes, saying that because she was a whore everyone should see her body. She tried to escape but he would not release her. Defendant pulled her jean shorts and underwear down to her mid-thigh, and he removed her tube top and bathing suit, exposing her breasts. He also tried to remove her dentures so no one would “like” her. The children witnessed the altercation. Defendant eventually released the victim after she repeatedly asked him to let her go. Defendant put one child in the victim’s car and said to the child, “just so you know I am only letting you go with (the victim) because (the victim) is going to call the police and daddy is going to jail tonight because (the victim) is a whore.” The victim tried to leave the scene but defendant stopped her by repeatedly pulling the emergency brake. Eventually defendant allowed the victim to leave. The victim returned to her residence and contacted law enforcement. Officers observed abrasions on the victim’s arms and back and additional bruising on her left leg.