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Chavez v. Martinez

California Court of Appeals, Fifth District
Mar 25, 2014
No. F066047 (Cal. Ct. App. Mar. 25, 2014)

Opinion

NOT TO BE PUBLISHED

APPEAL from an order of the Superior Court of Fresno County. No. 12CECG02409 Dale Ikeda, Judge.

Esteban Munos Martinez, in pro. per., for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


THE COURT

Before Gomes, Acting P.J., Poochigian, J. and Franson, J.

Appellant, Esteban Munos Martinez, appeals from an order that restrains him from harassing, contacting, or being within 100 yards of Miriam Chavez and her two children for a period of three years. This order was filed on August 20, 2012.

However, appellant has not set forth any argument pertaining to the August 20, 2012, restraining order. Rather, appellant’s brief appears to focus on a March 29, 2013, arrest and an alleged Fourth Amendment violation related somehow to computers and artificial beings.

An appellate court is governed by the record and will not consider facts outside that record. (Oldenkott v. American Electric, Inc. (1971) 14 Cal.App.3d 198, 207.) Accordingly, even if appellant had set forth a comprehensible argument regarding his March 29, 2013, arrest, any claims relating to that arrest are outside the scope of review. Our review in this appeal is limited to the order appealed from, i.e., the August 20, 2012, restraining order.

Appellant has the burden to show that the trial court committed reversible error. (Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575.) Appellant failed to meet this burden. Therefore, the order is affirmed.

DISPOSITION

The order is affirmed. No costs are awarded. (Cal. Rules of Court, rule 8.891(4).)


Summaries of

Chavez v. Martinez

California Court of Appeals, Fifth District
Mar 25, 2014
No. F066047 (Cal. Ct. App. Mar. 25, 2014)
Case details for

Chavez v. Martinez

Case Details

Full title:MIRIAM CHAVEZ, Plaintiff and Respondent, v. ESTEBAN MUNOS MARTINEZ…

Court:California Court of Appeals, Fifth District

Date published: Mar 25, 2014

Citations

No. F066047 (Cal. Ct. App. Mar. 25, 2014)