P. v. Rodriguez
Filed 6/29/06 P. v. Rodriguez CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. ALEJANDRO RODRIGUEZ, Defendant and Appellant. | A110604 (San Francisco County Super. Ct. No. 194695) |
Defendant Alejandro Rodriguez was charged with inflicting corporal injury resulting in a traumatic condition on a spouse or cohabitant (Pen. Code, § 273.5, subd. (a)), but convicted by a jury of the lesser included offense of assault. (Pen. Code, § 240.) He contends the trial court failed to give a proper unanimity instruction regarding the act on which the assault conviction is based, and improperly admitted evidence of a prior uncharged act of spousal abuse. We disagree and affirm.
I. FACTS
Under applicable standards of appellate review, we must view the facts in the light most favorable to the judgment, and presume in support of that judgment the existence of every fact which the jury could reasonably find from the evidence. (See People v. Barnes (1986) 42 Cal.3d 284, 303; People v. Neufer (1994) 30 Cal.App.4th 244, 247.)
Facts of the Charged Incident of Domestic Violence
San Francisco Police Officer Victor Hui and three other officers responded to 860 Geneva Street at 6:30 p.m. on January 26, 2005. Hui found the victim, Victoria Juarez, sitting in a chair in apartment 23. She was crying and holding her left hand. Her left hand was discolored and her left cheek was swollen and red. She was â€
