People v. Mejia-Hernandez CA1/1

Filed 8/8/23 P. v. Mejia-Hernandez CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A164223 v. OSCAR ARMANDO MEJIA- (Contra Costa County HERNANDEZ, Super. Ct. No. 51901594) Defendant and Appellant.

Oscar Armando Mejia-Hernandez scratched, hit, pushed, and choked his wife, Jane Doe; a jury convicted him of felony inflicting corporal injury on a spouse or parent of a child in common and misdemeanor assault, and the trial court suspended imposition of sentence and placed him on probation. Hernandez appeals. We reverse the misdemeanor assault conviction in light of the Attorney General’s concession that it is a lesser included offense of the felony corporal injury conviction and premised on the same underlying conduct. In all other respects, we affirm. BACKGROUND On an evening in August 2018, Hernandez, Doe, and their two children attended a birthday party in Hayward. Afterward, Doe drove the family home to their apartment in Antioch. On the drive, Hernandez — who was “tipsy” — began arguing with Doe. Once home, he became physical. He

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grabbed Doe by her arms and threw her on the sofa, scratched her arms, hit her, and tore her shirt. He also squeezed Doe’s neck with both hands, leaving a mark. Doe called 911, but Hernandez took away the phone just after she gave the dispatcher their address. Approximately 15 minutes later, a law enforcement officer arrived at the apartment. Through the closed front door, the officer heard arguing, then “a loud bang from the interior side of the door as if something hit the door.” He looked through a window and saw Hernandez and Doe having a “heated argument.” Hernandez was preventing Doe — whose shirt was torn — from opening the door. Eventually, the door unlocked. The officer pushed the door open, went inside, and handcuffed Hernandez. Doe was “very distressed. She was crying and shaking a little bit.” The officer noticed redness at the base of Doe’s neck and 10-inch-long scratches on her arm, both of which “appeared to be fresh.” A second police officer arrived; he noticed a “slight red mark” at the base of Doe’s neck which seemed consistent with being “grabbed on the neck.” Doe told an officer her forearms were “burning” and that she was still in “a little bit of pain.” The officers interviewed Doe. She said Hernandez hit her arm with a closed fist; he also tried to choke her while her children were present. She asked the officers for a temporary restraining order. A recording of Doe’s interview was played for the jury, and the trial court admitted photographs of her injuries into evidence. Hernandez testified. He acknowledged arguing with Doe and pushing her against the sofa, but he claimed he did so only after she closed the front door on his fingers. In 2021, a jury convicted Hernandez of inflicting corporal injury on a spouse (Pen. Code, § 273.5, subd. (a)),1 and misdemeanor assault (§ 240), a