P.

P. v. Galvez CA2/1

Good Law
Court of Appeal of CaliforniaMarch 25, 2013B237229California2,740 words

Opinion

Opinion

Johnson, J.

BACKGROUND

A second amended information filed April 13, 2011 charged Galvez with one count of corporal injury to a spouse, cohabitant, or child‟s parent, in violation of Penal Code1 section 273.5, subdivision (a) (count 1); one count of felony child abuse, in violation of section 273a, subdivision (a) (count 2); one count of criminal threats, in violation of section 422 (count 3) ; and three counts of assault by means likely to produce great bodily injury or with a weapon, in violation of section 245, subdivision (a)(1) (counts 4, 5, and 6). Galvez pleaded not guilty. A jury found Galvez guilty on all counts. Galvez was sentenced to nine years and eight months in state prison, with fines, fees, and restitution. He filed this timely appeal.

DISCUSSION

Galvez‟s sole argument on appeal is that there was insufficient evidence to convict him of felony child abuse (count 2). We recount the evidence at trial. In a call to 911 at 2:00 a.m. on January 23, 2011, Estenia Rodriguez reported that her sister-in-law‟s husband was beating her sister-in-law up, keeping her inside the house where the children were crying (Estenia was calling from outside). The beating victim was Gladys Soriano.…

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