(Super. Ct. No. 10F08159)
The opinion of the court was delivered by: Robie , J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
A jury found defendant Demetrious Montrail Marcus guilty of infliction of corporal injury upon a cohabitant. The trial court found he had a prior serious felony conviction. He was sentenced to state prison for six years.
On appeal, defendant contends: (1) the prosecutor committed misconduct during opening summation by arguing matters outside the evidence; (2) the trial court abused its discretion by admitting evidence of the victim's pregnancy; and (3) he is entitled to additional presentence conduct credit. We shall affirm.
In October 2010, Shannon Hamilton lived in an apartment near Folsom Boulevard in Rancho Cordova. Hamilton had met defendant in June of that year and shortly thereafter they became boyfriend and girlfriend. By October, defendant was living with Hamilton and she was five weeks pregnant with his child.
During the early morning hours of October 24, 2010, Hamilton telephoned 911 from a bar on Folsom Boulevard. She reported that defendant had slammed her against the toilet in her apartment causing bruising and knots on her head. She stated her back was hurting and she needed a paramedic.
Sacramento County Sheriff's Deputy Mike Mireles was dispatched to the bar where he met Hamilton. She was shaken up, terrified, disheveled and frightened, and she appeared to be looking over her shoulder for someone.
Hamilton told Deputy Mireles she lived in an apartment within walking distance of the bar. Defendant had attacked her, punching her several times in the face and body with his fists. When she tried to get away he grabbed her, placed his hands around her throat, and squeezed. She believed he would make good on his promise to kill her and the baby. At one point he lifted her off the ground and pressed his thumbs against her throat, causing her to lose consciousness. Mireles observed horizontal indentations across both sides of her neck that looked like finger marks.
When Hamilton regained consciousness, defendant was standing over her. When she tried to roll away, he grabbed her head and banged it into the toilet bowl several times inflicting pain and causing her to cry. Deputy Mireles noticed some lumps on her head. Hamilton fought back and eventually escaped.
Hamilton told a responding paramedic she had been assaulted around 6:45 a.m. She explained that, during the assault, she fell and hit her head on the toilet causing her to blackout. She complained of severe pain in her head, neck, and right side of her back. Because Hamilton had lost consciousness, she was immobilized, placed in an ambulance, and taken to a hospital.
After the incident, Hamilton telephoned her grandmother, Sheryl Carrington. Hamilton was crying and very upset. She told Carrington she had a fight with defendant and he had jumped her. As a result, her head and back hurt.
At the hospital, Hamilton told Carrington her head and back were in pain because defendant had slammed her against the wall and then banged her head against the toilet several times. Carrington noted Hamilton's head was swollen and she had a scratch on her jaw.
Hamilton told a hospital staff member defendant had picked her up from work early that morning. He was angry because the car had no gas. At the apartment, defendant's anger grew and he used his fists to beat her in the head. He grabbed her hair and smashed her head against the wall and toilet. She went to a bar and telephoned 911.
Hamilton told Carrington the incident started when defendant became angry over a comment Hamilton had made about the car running out of gas. He hit her with his fists. She tried to cover up and at some point hit back, which angered him even more. As a result, defendant slammed Hamilton against the wall and then grabbed her head and pounded it against the toilet.
At trial, Hamilton testified to a very different version of events. She claimed she and defendant had gotten into a verbal argument about his cheating on her with other women. She claimed there had been a lot of "yelling and screaming," but there had not been any physical altercation or fight. After 10 minutes of arguing, defendant left the apartment. Hamilton claimed she ran after him but tripped and fell, striking her head on ...