P. v. Drayton

Filed 1/19/07  P. v. Drayton CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

                        Appeal from a judgment of the Superior Court of Orange County, William L. Evans, Judge.  Affirmed.

                        Cara DeVito, 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, Lise Jacobson and Kyle Niki Shaffer, Deputy Attorneys General, for Plaintiff and Respondent.

*                      *                      *

                        A jury convicted Charles Drayton of domestic battery with corporal injury (Pen. Code, §  273.5; all statutory references are to this code, unless other noted) and misdemeanor assault (§  240).  Drayton claims the trial court erred by instructing the jury on flight.  (CALJIC No.  2.52.)  Finding no basis to overturn the judgment, we affirm.

I

Facts and Procedural Background

                        Drayton's and Maria D.'s tumultuous three-year relationship was marked by disagreements, brief separations, and reconciliations.  On February 19, 2005, the couple rented a Costa Mesa motel room to celebrate Maria's birthday.  After ingesting drugs, Drayton accused Maria of cheating on him and took money from her purse to rent a separate room.  The argument escalated, culminating when Drayton struck Maria as she tried to prevent him from leaving with $300 from her purse.  Maria requested the motel clerk to call the police.  She later told an investigating officer Drayton needed help to cure his cocaine addiction and she was tired of his abuse.

                        The couple reunited when Drayton promised he would stop using drugs.  On March 2, 2005, as Drayton and Maria drove to a Fullerton apartment they intended to rent, Drayton announced he would buy some drugs to celebrate their new beginning.  Maria protested, but Drayton stopped to purchase the contraband and smoked the drugs en route to the apartment.  Before arriving, Drayton accused Maria of cheating on him.  She denied the accusation and told him the drugs caused him to hallucinate.  As the argument escalated, Maria announced she would not move in with him because he continued to use drugs.  Enraged, Drayton struck Maria over the head with a large metal flashlight.  Bleeding profusely, Maria asked Drayton to take her to the hospital, promising not to blame him for the injury.  Drayton ordered her to â€