P. v. Vasquez

Filed 3/22/06 P. v. Vasquez CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

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

Victor Salerno for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez, Supervising Deputy Attorney General, and Theresa A. Patterson, Deputy Attorney General, for Plaintiff and Respondent.

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Delfino Lazaro Vasquez was convicted of second degree murder of his wife, Laura Espinoza, with a weapon enhancement allegation found true. Vasquez was sentenced to state prison for a term of 16 years to life. He appeals, challenging the admission of a prior incident of spousal abuse and claiming the trial court should have permitted further argument. We disagree and affirm the judgment.

FACTS

Vasquez and Laura were married in 1990 and had four children. In 2001, Rene Amaro rented a room in the Vasquez home. In late 2002, Laura and Amaro started having an affair, which Vasquez discovered in July 2003. In Amaro's presence, Vasquez confronted Laura and forced her into a bedroom, and Amaro heard Laura screaming. Later, Amaro left at Vasquez's request. Four days later, Amaro visited Laura at work, saw that she had been beaten, and took her to a hospital. Charges were filed against Vasquez, and he was ultimately convicted of inflicting corporal injury on a spouse resulting in traumatic injury. (Pen. Code, § 273.5, subd. (a).)

Later that month (July 2003), Laura and the children moved in with Laura's mother (Pauline Ramirez). Ramirez frequently saw Vasquez around her apartment building, hiding in a nearby alley (she would not allow him to enter the apartment). When Ramirez confronted Vasquez, he laughed and said he was waiting to talk to Laura. On more than one occasion, Ramirez heard Vasquez and Laura arguing outside the building.

On August 3, Vasquez and three of his children (Christian, Eric, and Wendy) drove around looking for Laura and Amaro. Christian told Vasquez that Laura was at work but Vasquez did not believe him and stopped at a motel where he saw Amaro's car in the parking lot. Vasquez told Christian to call the police and report that Laura was beating Eric, and Christian reluctantly complied. Vasquez found out what room Amaro was in, went there, and fought with Amaro when Laura opened the door. Laura ran out of the room and called the police who came to the scene and told all the parties to go home. Vasquez took the children to Ramirez's apartment. Later that evening, Christian heard Vasquez trying unsuccessfully to persuade Laura to reconcile.

In the weeks that followed, Vasquez climbed a pole to look into Ramirez's apartment and often watched Laura. In late August and again at the beginning of September, Vasquez (overheard by Ramirez) told Laura he would kill her -- that if â€