P. v. Urena
Filed 2/21/06 P. v. Urena CA4/3
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. ARTURO RAMOS URENA, Defendant and Appellant. | G034261 (Super. Ct. No. 03WF0139) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, James A. Stotler, Judge. Affirmed in part, reversed in part, and remanded with directions.
Susan K. Keiser, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Deana L. Bohenek, Deputy Attorneys General, for Plaintiff and Respondent.
Arturo Ramos Urena appeals from a judgment after a jury convicted him of numerous offenses relating to the stalking of his ex-girlfriend. Urena argues his Sixth Amendment confrontation rights were violated and the trial court should have struck, not stayed, the prior prison term enhancement. As we explain below, the trial court struck the prior prison term enhancement for sentencing purposes, but did not comply with the statutory requirements, and we reverse and remand with directions on this point. In all other respects, the judgment is affirmed.
FACTS
Urena and Maria Martinez lived together and had two children, who were approximately five and six years old at the time of the events described below. In October 2002, Maria and her children moved in with her sister, Claudia Garcia Martinez and her three children, into their two-story, two-bedroom, apartment. Claudia's boyfriend, Joel Navarro, also slept there occasionally. Maria and Claudia's father, Roberto Martinez, lived nearby. After moving in with her sister, Maria ended her relationship with Urena.
What occurred next was a series of incidents spanning six months and resulting in the district attorney filing 16 criminal counts against Urena some of which he was convicted of, some of which he was acquitted of, and some of which were dismissed after the jury failed to reach verdicts. Only two of the 16 counts are directly at issue in this case. However, for context, we will briefly describe each of the counts and how they were resolved.
Count 1-Penal Code section 243, subdivision (e)(1),[1] Battery Against Parent of Defendant's Child/No Verdict. On November 30, 2002, Maria was at the apartment watching television when Urena arrived. After letting him in, she laid on the couch and covered her head with a blanket. Urena told Maria to take the blanket off her head, pulled the blanket off, and hit her on the left side of the head with an open hand. Urena left and Maria called Roberto and told him what happened.
Count 2-Section 240, Assault/Convicted. On December 1, 2002, Roberto was at his daughters' apartment when Urena arrived. Roberto asked Urena why he hit Maria the previous day. Urena threatened to kill Roberto and threw a beer can at him, which missed his head by a foot. Roberto called the police.
Count 3-Section 594, subdivisions (a) and (b)(2)(A), Vandalism Under $400/No Verdict. On the evening of December 2, 2002, Maria was at the apartment when she saw Urena through the sliding glass door. Urena was walking towards the door with something in his hand, and Maria ran away and heard glass break. She returned and saw the sliding glass door broken, but Urena was gone. Maria called the police who found a pair of pliers near the broken door.
Counts 4 and 5-Section 594, subdivisions (a) and (b)(2)(A), Vandalism Under $400, and section 422, Criminal Threats/Convicted. On December 29, 2002, Maria, Claudia, and Navarro were at a laundromat when Maria put some clothes in the car. Maria saw Urena, and she got inside the car and locked the doors because she was scared. Urena accused Maria of cheating on him and called her a â€