People v. Rodriguez CA5

INTRODUCTION

Defendant Leonard Paul Rodriguez1 was charged with inflicting corporal injury on his child’s parent (count I – Pen. Code,2 § 273.5, subd. (a)), false imprisonment by violence (count II – § 236), dissuading a witness by force or threat (count III – § 136.1, subd. (c)(1)), and second degree robbery (count IV – § 211). The information also alleged three prior prison terms. (See § 667.5, subd. (b).) Before trial, defendant moved to exclude evidence of prior incidents that occurred between defendant and the alleged victim, Antoinette Ramirez.3 The court tentatively discussed whether such evidence would likely be admissible. Ultimately, evidence pertaining to certain prior incidents was admitted at trial. A jury convicted defendant on all counts. The court sentenced defendant to a total term of 8 years in prison, less 158 days of credit. Defendant contends there was insufficient evidence that he inflicted corporal injury resulting in a traumatic condition. (See § 273.5, subds. (a) & (d).) As a result, he requests we reduce count I to misdemeanor battery. Defendant next argues that the evidence of prior incidents between himself and Ramirez was improperly admitted. He…