People v. Rosales CA2/3

INTRODUCTION

A jury found defendant and appellant Rolando Rosales guilty of crimes arising out of his physical assault of his former wife and son. On appeal, defendant contends that the trial court’s characterization of his crimes as ones of “violence” is a ground for reversal. Then, based on defendant’s characterization of his crimes as not very serious, he contends that the trial court abused its discretion by refusing to reduce them to misdemeanors. We reject these contentions and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual Background.

Rosio R. and defendant separated in 2003. They had three children, including Rolando, Jr., and Sebastian.1 On January 25, 2005, Rosio was living with her mother, Dolores Rodriguez. On that day, defendant broke a window at the house and threatened Rosio, who was injured by the broken glass. Years later, on June 9, 2013, Sebastian was given permission to go to his paternal grandparents’ house. Instead, he went to defendant’s house, although he wasn’t allowed to see his father unsupervised. Dolores, Rosio, and Rolando, Jr., went to get Sebastian. When they arrived, defendant verbally abused them. He picked up a potted…