P. v. Flores

Filed 3/2/06 P. v. Flores CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from a judgment of the Superior Court of Los Angeles County. Michael A. Latin, Judge. Affirmed.

Derek K. Kowata, 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, Marc E. Turchin and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent.

__________________

Javier Francisco Flores appeals from the judgment entered upon his conviction by jury of corporal injury to a child's parent (Pen. Code, § 273.5, subd. (a), count 1)[1] and resisting an executive officer (§ 69, count 2).[2] The trial court found to be true the allegations that appellant had suffered a prior felony strike within the meaning of sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i) and had suffered two prior prison terms within the meaning of section 667.5, subdivision (b). It sentenced appellant to an aggregate state prison term of nine years four months. Appellant contends that the trial court erred in failing to instruct the jury on the prosecution's burden to prove beyond a reasonable doubt that appellant did not act in self-defense, thereby depriving him of due process under the Fourteenth Amendment. He also requests that we review the discovery produced and withheld in response to his Pitchess[3] motion to determine whether all required documents were disclosed.

We affirm.

FACTUAL BACKGROUND

A. The April 23, 2004 incident

On April 23, 2004, appellant was spending the night at the residence of his girlfriend, Angelica C., who resided in the City of La Puente, in Los Angeles County, with her four children, two of whom she had with appellant. Appellant did not live with her, but had the keys to her apartment and sometimes spent the night.

Angelica testified that when she woke appellant by placing their younger child in bed with him, they began to argue.[4] She told appellant to leave, but instead, he followed her into the children's bedroom, saying that he wanted to talk about her taking her medication.[5] Angelica threw a lamp and a hammer-like tool at appellant as he walked into the children's room. The lamp did not hit appellant, and the tool â€