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People v. Lopez

September 15, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
SILVANO ANGEL LOPEZ, DEFENDANT AND APPELLANT.



APPEAL from the Superior Court of Riverside County. John I. Kelly, Judge. (Retired judge of the Kern Super. Ct., sitting under assignment by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed with directions. (Super.Ct.No. SWF026199).

The opinion of the court was delivered by: Richli, J.

CERTIFIED FOR PARTIAL PUBLICATION*fn1

OPINION

I. INTRODUCTION

Defendant Silvano Angel Lopez attacked the victim--his daughter's mother--threatening her with a potato peeler and scissors. A jury convicted defendant of three crimes: kidnapping (Pen. Code, § 207, subd. (a)); inflicting a corporal injury while personally using a deadly and dangerous weapon (Pen. Code, §§ 273.5, subd. (e)(1), 1192.7, subd. (c)(23), and 12022, subd. (b)(1)); and making criminal threats while personally using a deadly and dangerous weapon (Pen. Code, §§ 422, 1192.7, subd. (c)(23), and 12022, subd. (b)(1)). The court sentenced defendant to five years in prison and imposed various assessment and fines.

On appeal, defendant asserts three challenges.*fn2 He contends the court erred by refusing to allow two witnesses to testify about the victim's purported reputation for lying and making false accusations. He also protests the criminal conviction assessment (Gov. Code, § 70373) and the order prohibiting him from owning, possessing, or controlling any deadly weapon or related paraphernalia. Subject to correction of the abstract of judgment and the sentencing minute order, we affirm the judgment.

II. FACTUAL AND PROCEDURAL BACKGROUND

The victim testified that she became involved with defendant when she was 14 years old. They have a daughter. At the time of trial in 2009, the victim was 24 years old and the daughter was seven years old.

In July 2008, the victim had married another man but was pregnant by defendant. Five days before the subject events, the victim had an abortion without telling defendant.

On July 10, 2008, the victim dropped off their daughter at defendant's residence for visitation. When she called the house to confirm her daughter had arrived, defendant claimed the child was not there.

The victim panicked and returned immediately, screaming the daughter's name. Defendant appeared on the front porch and came toward the victim's car. He grabbed her by the hair, demanded oral sex, and ordered her out of the car. He called himself a demon and a monster who did not care about their child.

Defendant forced the victim into the house by her hair and her arm. In the kitchen, he pushed a potato peeler against her chest, claiming he was going to kill her with it. The victim denied that she threatened to kill herself using the potato peeler.

She escaped and he grabbed her again and pushed her hard, causing her to fall against a computer desk. He knelt on her with his knee in her crotch, applying pressure to her chest. He said he was going to kill her slowly. He pinched and slapped her and threatened to break her arm. She managed to crawl away and ran to the front door.

Outside he pushed her down again and knelt on her, screaming she was going to die. He grabbed a pair of scissors and held them against her ...


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