P. v. Marquez
Filed 3/27/06 P. v. Marquez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| THE PEOPLE, Plaintiff and Respondent, v. JAIRO MARQUEZ, Defendant and Appellant. | E038686 (Super.Ct.No. SWF009254) OPINION |
APPEAL from the Superior Court of Riverside County. Edward D. Webster, 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, Senior Assistant Attorney General, Erika Hiramatsu and Robert M. Foster, Deputy Attorneys General, for Plaintiff and Respondent.
Following a jury trial, defendant was found guilty of false imprisonment by violence or menace (Pen. Code, § 236)[1] (count 2) and assault with a deadly weapon, to wit, a knife (§ 245, subd. (a)) (count 3).[2] As to count 2, the jury also found true that defendant had personally used a deadly weapon, a knife, within the meaning of section 12022, subdivision (b)(1). Defendant was thereafter granted 36 months of formal probation on various terms and conditions, including serving 270 days in county jail. Defendant's sole contention on appeal is that the trial court prejudicially erred in denying his request for an instruction on self‑defense. We reject this contention and affirm the judgment.
I
FACTUAL BACKGROUND
Erasto Martinez and defendant both rented rooms in a Perris home owned by Leonidez and Ofelia Gutierrez. Martinez and defendant had once gotten into a verbal argument and did not get along.
On September 17, 2004, Martinez was in the back yard playing cards with a man named Hector, who lived in a trailer on the property, for a 12-pack of sodas. Another man, Lupe, who also lived on the property, was sitting at the table watching. Defendant was standing behind Hector, telling him how to play. When Martinez told defendant not to help Hector, defendant shoved the card table into Martinez, hitting him in the stomach.
Angry, Martinez stood up to fight with fists clenched; Martinez thought he and defendant were going to have a fistfight and just stood there. Defendant, however, pulled out a knife from his waistband and went after Martinez. Martinez fled toward the back fence, but defendant grabbed him by the neck and pointed the knife to the left side of Martinez's stomach. Defendant stated, â€
