Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. SWF014289, Jeffrey J. Prevost, Judge.
Warren P. Robinson, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Gaut J.
Following a jury trial, defendant was convicted of inflicting a traumatic injury upon his live-in girlfriend, identified at trial as “Jane Doe” (Pen. Code, § 273.5, subd. (a); count 1) and carjacking Jane’s car (Pen. Code, § 215; count 2). Defendant was acquitted of count 3, grand theft person, as to Jane (Pen. Code, § 487, subd. (c)).
The trial court sentenced defendant to probation for three years.
1. Factual Background
At the time of the charged offenses, Jane Doe had been living with defendant, her boyfriend, for about two months. They had been continually arguing with each other every day.
During the morning of November 13, 2005, defendant rode with Jane to her job, in Jane’s car. Jane was pregnant. They arrived at Jane’s job at approximately 8:00 a.m. Defendant wanted to use Jane’s car while she was at work. Jane had let him use her car in the past. This time Jane would not let him use her car. She told him he could wait for her in the car or get a ride from a friend.
At trial, Jane testified that it was not until they arrived at her job that she told defendant he could not use her car. She believed, when she drove with defendant to work, that defendant would call a friend to pick him up when they got to her job.
At the preliminary hearing, Jane testified she told defendant before they left for her job that he could not use her car but defendant believed he would be able to use her car anyway.
After waiting two hours, defendant entered the restaurant where Jane was working, sat in the restaurant awhile, and left the restaurant. A little later, he returned and again asked Jane if he could take her car. She refused his request. The two argued over the car. Defendant threatened to slash the car tires if Jane did not give him the car keys. Jane told him she would not give him the keys and, if he was going to slash the tires, she was going to watch him do it.
Defendant walked out to the car with Jane following. Defendant grabbed the keys, unlocked and opened the driver’s door, and reached in toward the glove compartment. Jane knew defendant kept a knife there. Jane closed the door on defendant and defendant forced the door open, hitting Jane. Jane fell backwards into a parked car.
Defendant got out of the car and punched Jane in the cheek. Initially, Jane testified defendant punched her once but after being reminded of her prior statement, said he punched her three times. To avoid being hit again, Jane pushed defendant against the car.
Jane testified that when defendant grabbed the keys from her apron, defendant cut her arm with the keys. She also testified she did not remember if she was knocked to the ground, although during her preliminary testimony, she stated that defendant had knocked her down.
Jane went in the restaurant to call the police. When she returned, her car was gone. When Deputy Sheriff Kelleher arrived, Jane told him defendant punched her two or three times, causing her to fall and drop her car keys she was holding. Defendant picked up the keys and hit her in the forearm with the keys.
A few hours after Kelleher drove Jane home, defendant returned home driving Jane’s car. The windshield was cracked. Defendant and Jane started arguing. A little later, Jane’s mother arrived and called the sheriff’s department. Defendant left.
A bystander witness, Marcelle Goodman, testified that while she was standing in the restaurant parking lot, she heard defendant and Jane arguing but did not look at the couple until she heard a loud thud that sounded like a fist hitting the windshield. She saw a young woman getting up but did not recall seeing the woman on the ground. Defendant walked away.
During Goodman’s statement to Kelleher, however, she said the noise sounded like someone falling down and she saw a young woman on the ground with a man standing over her. Defendant then drove off in Jane’s car. Jane got up and walked into the restaurant.
Sheriff’s Deputy Kevin Lamb testified that he reported to defendant and Jane’s residence at 2:15 p.m., on November 13, 2005. He spoke to Jane’s mother and Jane. Defendant was not there. Jane’s car had been reported stolen. Lamb found it parked in front of defendant and Jane’s home. As Lamb was driving in the area, he spotted defendant hiding behind a parked car. Lamb stopped and found defendant lying on the sidewalk near the parked car. Lamb placed defendant in custody.
Defendant’s mother testified that after defendant was released from custody on the charged offenses, he lived with her. During the first two weeks, every day Jane would either stop by or call in an attempt to contact defendant.
2. Discussion
Defendant appealed and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and requesting this court to undertake a review of the entire record. We offered the defendant an opportunity to file a personal supplemental brief which he has not done.
Defense counsel notes in his brief that during the trial, the trial court rejected defendant’s request to introduce into evidence defendant’s statement to Kelleher under Evidence Code section 356 in the event the prosecution introduced into evidence a statement by Lamb. The prosecution did not introduce defendant’s statement to Lamb. Therefore, even if there was any error in the trial court rejecting defendant’s request, it was harmless. (People v. Watson (1956) 46 Cal.2d 818, 835-836.)
We have now concluded our independent review of the record under People v. Kelly (2006) 40 Cal.4th 106, and find no arguable issues.
3. Disposition
The judgment is affirmed.
We concur: McKinster, Acting P. J., Miller J.