P. v. Ramirez

Filed 5/5/06 P. v. Ramirez CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(San Joaquin)

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A jury convicted defendant Richard Ramirez of multiple crimes he committed against his wife. The trial court sentenced defendant to a total state prison term of 59 years 8 months, plus life with the possibility of parole. On appeal, defendant contends the trial court erred by (1) sentencing him to unstayed terms for a single act or indivisible course of conduct, (2) sentencing him to unstayed terms for both dissuading a witness and inducing false testimony for the same conduct, and (3) admitting evidence of defendant's prior domestic violence. He also asserts (4) the prosecutor committed prejudicial misconduct, (5) the evidence was insufficient to support a conviction for kidnapping, and (6) the evidence was insufficient to support a conviction for dissuading a witness.

The Attorney General concedes, and we agree, that on the facts in this record defendant could not be sentenced to unstayed terms for both dissuading a witness and inducing false testimony. Accordingly, we modify the judgment to stay the term imposed for inducing false testimony. We affirm the judgment as modified.

FACTS

On March 17, 2004, two months after the death of her husband of 23 years, the victim married defendant. The victim was a recovering alcoholic who had been sober for the entire period of her prior marriage. She was also bipolar, and took prescription medication to manage the condition. When defendant and the victim married, the victim was not taking medication for her bipolar condition, and was using alcohol and drugs.

Shortly after their marriage, defendant committed crimes against the victim over a period of approximately one month. Defendant beat her severely, fracturing her nose and seven ribs. Defendant handcuffed the victim to the fireplace, burned her with cigarettes, punctured her leg and beat her with a poking tool, and beat her on the knee with a wooden mallet. He repeatedly penetrated her vagina and anus with foreign objects. Defendant put a knife to the victim's throat, choked her, and threatened to kill her, her daughter, and her grandson. At one point, defendant dragged the victim to their car with a belt secured around her neck, and drove her to a nearby church parking lot, preventing the victim from escaping by parking up against a van or trailer. For several hours, he interrogated her and accused her of being unfaithful, until finally returning her to their residence. While defendant slept, the victim fled to a neighbor's residence, naked and covered with bruises. The victim's neighbor called 9-1-1, and the victim was taken to the hospital.

The victim testified at defendant's preliminary hearing, explaining in detail the abuse defendant inflicted upon her. Thereafter, the victim visited defendant in custody several times, and defendant telephoned her from custody. By mail, she received a letter in defendant's handwriting, stating, â€