P. v. Wren CA3

Filed 5/23/13 P. v. Wren CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C070284

Plaintiff and Respondent, (Super. Ct. No. 10F06969)

v.

CHARLES WREN,

Defendant and Appellant.

A jury found defendant Charles Wren guilty of inflicting corporal injury on his girlfriend, S., and vandalizing her house following an incident where he severely beat S. and then “tore up [her] house.” On appeal from the resulting conviction, defendant contends the trial court erred in admitting a prior act of domestic violence he perpetrated against his ex-wife and in calculating his presentence custody credits. Disagreeing, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In August 2010, defendant and S. were living together in her Sacramento house. They got into a fight because S. would not give him money. Defendant went

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“ ‘ballistic’ ” and started yelling and screaming. He hit her multiple times.1 She ended up with a swollen and split lip, bruising and swelling on her face and eye, lumps on her head from defendant hitting her and slamming her face into a wall, a scratch on her neck from being choked by him, and blood on her pants. The fight was interrupted when S.’s father came to the house. He took S. with him and told defendant to get out by morning. When S. returned the next day, her house was “tor[n] up.” There were holes in many of the walls, broken windows, clothes cut up and strewn everywhere, and food in the kitchen dumped and covered in bleach. Prior Acts Of Domestic Violence Defendant had perpetrated prior acts of domestic violence against S. and against his ex-wife. 1. Prior Acts Involving S. In August 2007, S. reported an incident to police in which defendant had threatened to kill her, punched her face, and thrown three bricks at her. He started to walk away, but then he returned and knocked her to the ground. She also told police about an earlier incident in which defendant shattered her car window, cutting her ear, necessitating six stitches. In August 2008, S. reported an incident to police in which defendant threw S. down by her hair and stomped on her, causing bruising on her face. 2. Prior Act Involving Defendant’s Ex-Wife In June 1995, defendant was married to a woman with whom he had a six-month- old daughter. Defendant and his ex-wife got into an argument about him having an extramarital affair. The argument “g[o]t violent,” and defendant’s ex-wife tried to call