P. v. Gonzalez
Filed 7/31/06 P. v. Gonzalez CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. DORIAN R. GONZALEZ, Defendant and Appellant. | B182026 (Los Angeles County Super. Ct. No. BA 269704) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Michael S. Luros, Judge. Affirmed.
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Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Robert F. Katz and Roy C. Preminger, Deputy Attorneys General, for Plaintiff and Respondent.
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A jury convicted Dorian Gonzalez of assault with and personal use of a knife (count 5), and residential burglary of an occupied dwelling (count 6). (Pen. Code, §§ 245, subd. (a)(1); 459, 460, subd. (a), 667.5, subd. (c)(21); all further undesignated section references are to the Penal Code.) The jury acquitted Gonzalez of three counts of making terrorist threats (counts 1-3). (§ 422.) (There was no count 4.) The trial court imposed a 5-year sentence.
Gonzalez appeals, contending that the court erred in (I) excusing a juror during deliberations; (II) denying his motion to sever trial of the threat charges (counts 1-3) from trial of the assault and burglary charges (counts 5-6); (III) admitting evidence of uncharged prior bad acts (Evid. Code § 1101, subd. (b)); and (IV) admitting evidence that Gonzalez claimed to be in a gang. Gonzalez also contends that cumulative error warrants reversal.
We reject the contentions and affirm the judgment.
FACTS
The five charged crimes allegedly occurred on two different dates in two different locations. Gonzalez allegedly committed the terrorist threats on July 13, 2004, at a video store, all against the store manager. Gonzalez committed the assault and burglary on August 11, 2004 at his next-door neighbor's apartment, against the neighbor's visitor and the neighbor. The jury acquitted Gonzalez of the three threat charges (counts 1-3) but convicted him of assault and burglary (counts 5-6). Before trial, the court denied Gonzalez' motion to sever trial on counts 1-3 from trial on counts 5-6.
About 4:45 p.m. in the afternoon of July 13, 2004, Gonzalez entered a video store and got into an argument with Donna Aguilar, the store manager, about an overdue charge for a video Gonzalez claimed to have previously returned. Aguilar testified that Gonzalez repeatedly directed profanities at her and told her she did not know who she was â€
