P. v. Brown
Filed 5/3/10 P. v.
Brown CA3
NOT
TO BE PUBLISHED
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE
DISTRICT
(Yolo)
----
THE PEOPLE,
Plaintiff and Respondent,
v.
RAYMOND PAUL BROWN,
Defendant and Appellant.
C060139
(Super.
Ct. No. CRF075461)
Defendant Raymond
Paul Brown was convicted of assault with
great bodily injury, criminal threats, and misdemeanor battery. At the time, he and Patty, his then
girlfriend (wife at the time of trial), made statements to the police that he
had hit her because he was angry she was talking to another man on the phone. At trial, however, they both recanted these
statements, claiming Patty had overdosed on prescription drugs and defendant
was simply trying to rouse her from her stupor by slapping and shaking
her. On appeal, defendant contends the
trial court erred in instructing the jury with CALCRIM No. 359, advising
the jury it could rely on defendant's out-of-court statements to convict only
if there was slight additional evidence that he committed a crime. Defendant also contends the court erred in
denying him probation based on his failure to accept responsibility or express
remorse for his crimes. We shall affirm.
Responding to a
911 hang-up call at the Motel 6, Sacramento Detective Erik Thruelsen was met by
defendant at the door. Patty was quietly
crying on the bed. Patty's lips were bleeding
and she had injuries on the left side of her face. Patty explained she and defendant had been
dating for about five or six months and were engaged to be married. Defendant got angry when he believed she was
talking to another man on the phone. In
his anger, he threw her to the bed, slapped and punched her repeatedly, choked
her, and threatened to kill her. Patty
did not appear disoriented or under the influence of drugs.
Thruelsen then
spoke separately with defendant.
Defendant largely corroborated Patty's version of events. He stated when he got to the motel room, he
found Patty talking on the phone with another man. He got angry, grabbed her by the throat,
threw her on the bed, and slapped her â€
| Description | Defendant Raymond Paul Brown was convicted of assault with great bodily injury, criminal threats, and misdemeanor battery. At the time, he and Patty, his then girlfriend (wife at the time of trial), made statements to the police that he had hit her because he was angry she was talking to another man on the phone. At trial, however, they both recanted these statements, claiming Patty had overdosed on prescription drugs and defendant was simply trying to rouse her from her stupor by slapping and shaking her. On appeal, defendant contends the trial court erred in instructing the jury with CALCRIM No. 359, advising the jury it could rely on defendant's out-of-court statements to convict only if there was slight additional evidence that he committed a crime. Defendant also contends the court erred in denying him probation based on his failure to accept responsibility or express remorse for his crimes. Court shall affirm. |
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