Opinion
H045807
12-21-2018
THE PEOPLE, Plaintiff and Respondent, v. FRANCIS SHYANGUYA, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Monterey County Super. Ct. No. 18CR000007)
Defendant Francis Shyanguya was convicted after court trial of misdemeanor spousal battery (Pen. Code, § 243, subd. (e)). The court sentenced defendant to 300 days in county jail.
All further statutory references are to the Penal Code unless otherwise indicated.
On appeal, defendant's appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case and facts, but raises no issue. We notified defendant of his right to submit written argument on his own behalf within 30 days. That period has elapsed and we have received no response from defendant.
Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have reviewed the entire record. Following the California Supreme Court's direction in Kelly, supra, at page 110, we provide a brief description of the facts and the procedural history of the case.
BACKGROUND
A. The Charges
On January 2, 2018, defendant was charged by complaint with willful infliction of corporal injury (§ 273.5, subd. (a)).
On February 13, 2018, defendant requested that his attorney be discharged. The trial court held a Marsden hearing. After hearing from defendant and his attorney, the court denied the motion.
People v. Marsden (1970) 2 Cal.3d 118. --------
After a preliminary examination, defendant was held to answer on the complaint. On April 12, 2018, defendant was charged by amended information with willful infliction of corporal injury (§ 273.5, subd. (a); count 1) and misdemeanor battery (§ 243, subd. (e)(1); count 2). Defendant waived his right to a jury trial, and the felony count (count 1) was dismissed on motion of the prosecutor.
B. The Trial
Jane Doe testified that she had been married to defendant for 19 years and that they had four children.
On December 30, 2017, around 8:00 or 9:00 p.m., Doe was in the master bedroom when defendant entered the room and locked the door. Doe testified that defendant told her to sit down and to tell him the truth. She told him that she didn't know what he was talking about. Defendant again said, "Tell me the truth," and he asked, "What did you do to me?" Doe did not understand what he was saying, and she indicated that she didn't do anything to him. Defendant said, "You did something to me." Doe again denied doing anything. Defendant was angry. While Doe was sitting, and defendant was standing, defendant put one hand on her throat and started squeezing it while holding her cell phone in his other hand. Doe placed her hand between her neck and defendant's hand to try to prevent him from putting more pressure on her neck. Doe testified that it was "[k]ind of" hard to breath and she was scared. Defendant had his hand on her neck for approximately two or three minutes and was squeezing her neck for "[m]aybe less than two minutes." Doe told defendant that he was hurting her. At some point, defendant stated, "You got caught in the video," and, "You joined Illuminati." Doe did not know what defendant was talking about.
Doe screamed for their oldest child, who was in the next room, to call 911. Defendant released his hand from Doe's neck. He told Doe he was calling the police, and he started to walk to the door with Doe's cell phone. Doe believed defendant had connected with the dispatcher, and she heard him state, "My wife is trying to do something to me." Doe followed him outside the bedroom. She grabbed defendant by his shirt as she unsuccessfully tried to get her cell phone back. She wanted the phone so she could tell the truth about what had happened.
Doe followed defendant downstairs where the whole family waited until the police arrived a few minutes later. A Monterey police officer testified that Doe was visibly shaken and had tears coming down her face. The officer did not see any bruises or injuries to Doe's neck. The officer observed that defendant had a scratch mark and that his shirt collar was ripped.
The officer interviewed defendant at the scene. The interview was recorded on the officer's body camera, and the recording was admitted into evidence at trial. Defendant told the officer that Doe had been trying to kill him. He believed that, over the past week, Doe had been spraying salt water or some other substance on his face while he slept at night. Defendant stated that he would wake up and feel an irritation in his throat. He indicated that on a prior night, he went to the emergency room. Defendant stated that he was upset from the emergency room visit. Later, he locked the bedroom door and asked Doe what she had been trying to do to him. He admitted that during the incident, he put one hand on her throat and squeezed her neck a little. After Doe screamed for someone to call 911, defendant stated that he called 911. Defendant reported to the police that Doe had scratched his neck.
Doe testified that she declined medical attention while the police were present because she could not leave her younger children to go to the hospital. Around midnight, however, she began experiencing discomfort from her neck. Doe went to the hospital. A doctor examined her neck and a "soft tissue x-ray" was taken. The results of the x-ray were negative. Doe obtained pain medication. When she tried to drink the medicine, she felt pain.
When Doe got home, she saw bruises on the left side of her neck. Doe had her child take a picture of it. The picture was admitted into evidence.
Doe testified that she did not spray salt water or any chemical on defendant's throat or face when he slept.
C. The Verdict and Sentencing
On April 16, 2018, the trial court found defendant guilty of violating section 243, subdivision (e) (misdemeanor spousal battery).
The sentencing hearing was held on April 17, 2018. The trial court indicated that it would place defendant on probation with behavioral health treatment. Defendant declined probation. The court denied probation and sentenced defendant to 300 days in county jail. Defendant was granted 217 days of custody credits and ordered to pay various fines and assessments. The court retained jurisdiction for purposes of victim restitution. The court issued a criminal protective order regarding Doe.
Defendant filed a timely notice of appeal and we appointed counsel to represent him in this court.
DISCUSSION
Having carefully reviewed the entire record, we conclude that there are no arguable issues on appeal. (Wende, supra, 25 Cal.3d at pp. 441-443.)
DISPOSITION
The judgment is affirmed.
/s/_________
BAMATTRE-MANOUKIAN, ACTING P.J. WE CONCUR: /s/_________
ELIA, J. /s/_________
MIHARA, J.