P. v. Schnabel
Filed 5/21/10 P. v. Schnabel CA1/1
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opinion has not been certified for publication or ordered published for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
FIRST
APPELLATE DISTRICT
DIVISION
ONE
THE PEOPLE,
Plaintiff and Respondent,
v.
GABRIEL
EUGENE SCHNABEL,
Defendant and Appellant.
A125711
(Solano
County
Super. Ct.
No. VCR193082)
Defendant
Gabriel Eugene Schnabel severely beat a woman with his fists, a sawed-off
shotgun, and a vodka bottle. The jury
convicted him of assault with a firearm
(Pen. Code, § 245, subd. (a)(2)),[1]
false imprisonment by violence
(§ 246), and illegal possession of a short-barreled shotgun (§ 12020,
subd. (a)). The jury also found that he
committed the assault and the false imprisonment while personally using a
shotgun (§ 12022.5), and that he inflicted great bodily injury on the
victim (§ 12022.7, subd. (a)). The trial
court sentenced him to 13 years in prison.
Defendant contends
the court erred by excluding evidence of the victim's six misdemeanor
convictions for prostitution, which defendant claims were probative on the
issue of her credibility. We conclude
the trial court properly exercised its discretion under Evidence Code section
352 to exclude the convictions, and that defendant was otherwise allowed to
adequately attack the victim's credibility--albeit unsuccessfully. Accordingly, we affirm.
I. FACTS
Under applicable standards
of appellate review, we must view the facts in the light most favorable to the judgment of conviction, and presume in
support of the judgment the existence of every fact which the jury could
reasonably find from the evidence. (
303; People v. Neufer (1994) 30
Cal.App.4th 244, 247.)
The trial was a
contest of credibility. The victim
testified defendant beat her. Defendant
testified that the victim was beaten by a man named Dee
and that he was an innocent bystander.
Defendant suggested the victim was a prostitute and Dee
was her drug dealer, upset at a failure of payment.
The People's Case
The victim, Dianne
Bosley, testified as follows.
On
August 29, 2007, she was
living alone in a mobile home park in Vallejo. She was 48 years old.
Sometime in the
afternoon, defendant stopped by Bosley's mobile home and asked to come in so he
could cool off and have a beer. She let
him inside because she had seen him around the Travel Inn Motel, where she had
previously lived, visiting and talking to her girlfriend and her husband, who
also lived there. The girlfriend and her
husband had also walked through the trailer park with defendant about a week
previously. Bosley did not hesitate to
let defendant inside because â€
| Description | Defendant Gabriel Eugene Schnabel severely beat a woman with his fists, a sawed-off shotgun, and a vodka bottle. The jury convicted him of assault with a firearm (Pen. Code, § 245, subd. (a)(2)),[1] false imprisonment by violence (§ 246), and illegal possession of a short-barreled shotgun (§ 12020, subd. (a)). The jury also found that he committed the assault and the false imprisonment while personally using a shotgun (§ 12022.5), and that he inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). The trial court sentenced him to 13 years in prison. Defendant contends the court erred by excluding evidence of the victim's six misdemeanor convictions for prostitution, which defendant claims were probative on the issue of her credibility. We conclude the trial court properly exercised its discretion under Evidence Code section 352 to exclude the convictions, and that defendant was otherwise allowed to adequately attack the victim's credibility--albeit unsuccessfully. Accordingly, Court affirm. |
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