P. v. Paasch

Filed 8/14/06 P. v. Paasch CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO

APPEAL from the Superior Court of Riverside County. Russell F. Schooling, Judge. (Retired judge of the Mun. Ct. for the Southeast Jud. Dist. of L.A., assigned by the Chief Justice pursuant to art. VI, § 6, of the Cal. Const.) Affirmed.

William D. Holman, 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, Senior Assistant Attorney General, Barry Carlton, Supervising Deputy Attorney General, and James Flaherty, Deputy Attorney General, for Plaintiff and Respondent.

Defendant, Lonny Raymond Paasch, got into an argument with his cohabitant, Monica Ten Bears. It soon turned physical. Each of them testified that the other was the aggressor. According to Monica, when she tried to call the police, defendant smashed the phone. Defendant denied this.

Defendant now contends:

1. The trial court erred by admitting evidence of two previous incidents of domestic violence.2. The trial court erred by failing to obtain a probation report before sentencing defendant.

We find no error. Hence, we will affirm.

I

FACTUAL BACKGROUND

Defendant and Monica Ten Bears were living together; they had one child together. On February 21, 2004, around 4:15 p.m., they got into an argument over a $20 bill. Also present during the argument were defendant's daughter Morgan, aged 4; Monica's daughter Audrey, aged 9 or 10; and Meaghan, aged 11 or 12, an unrelated child who was visiting for the weekend.

In an attempt to take the $20 out of the back pocket of Monica's jeans, defendant tore the pocket. According to Monica, she went to another room to change her pants. After she came back out, Morgan tripped and fell accidentally, but defendant accused Monica of hitting her. He grabbed Monica by the neck, choked her, pushed her into a bedroom, threw her on a bed, got on top of her and started elbowing her in the ribs. She got him off of her by kicking him in the stomach. She then said she was going to call the police. Defendant replied, â€