People v. Collins CA2/5 ( 2020 )


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  • Filed 10/28/20 P. v. Collins CA2/5
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
    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 This opinion has not been certified for publication or ordered published for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.
    IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
    SECOND APPELLATE DISTRICT
    DIVISION FIVE
    THE PEOPLE,                                                     B296643
    Plaintiff and Respondent,                               (Los Angeles County
    Super. Ct. No. BA230105)
    v.
    BATTISE COLLINS,
    Defendant and Appellant.
    APPEAL from an order of the Superior Court of Los
    Angeles County, William Ryan, Judge. Affirmed.
    Richard B. Lennon and Nancy Gaynor, under appointment
    by the Court of Appeal, for Defendant and Appellant.
    Xavier Becerra, Attorney General, Lance E. Winters, Chief
    Assistant Attorney General, Susan Sullivan Pithey, Senior
    Assistant Attorney General, Noah P. Hill and David A. Voet,
    Deputy Attorneys General, for Plaintiff and Respondent.
    A trial jury found defendant and appellant Battise Collins
    (defendant) guilty of falsely imprisoning and inflicting corporal
    injury to his girlfriend, Tracy G. The trial court imposed an
    indeterminate Three Strikes law sentence. Years later, after
    passage of the Three Strikes Reform Act of 2012 (Proposition 36),
    defendant petitioned to have his sentence recalled and reduced.
    The trial court ruled defendant was ineligible for resentencing
    because it found he intended to inflict great bodily injury during
    the commission of each of the offenses of conviction. We consider
    whether the trial court’s order is supported by sufficient evidence.
    Specifically, defendant asks us to decide whether he was correctly
    found ineligible even though his intent to inflict great bodily
    injury was not at issue during the jury trial that led to his
    convictions and even though (as he argues it) the injuries he
    inflicted on Tracy were not great and there was no other evidence
    of his intent.
    I. BACKGROUND
    A.    The Offense Conduct, as Established by the Evidence
    at Defendant’s Jury Trial
    1.     The December 2001 confinement and beating
    One evening in December 2001, defendant was driving
    Tracy G. in her father’s car. Defendant suddenly became angry
    and told her to get out of the car and walk home. Tracy got out of
    the car and began to walk. Defendant then drove up beside Tracy
    and told her to get back into the car. When she refused,
    defendant hit and pushed Tracy, knocked her on top of a car, and
    forced her into the trunk. Before closing the trunk with Tracy
    inside, defendant said, “‘Bitch, you are going to see how it feels to
    be inside a living casket.’”
    Defendant drove around for an hour while Tracy begged to
    be let out of the trunk. Defendant then stopped the car, opened
    the trunk, and said, “‘See how it feels.’” Tracy again pleaded with
    2
    defendant to let her out of the trunk, but defendant closed the
    trunk again and resumed driving for another hour or two.
    When defendant finally drove to the home where he lived
    with Tracy, she was unable to get out of the trunk on her own
    after spending so much time in the cramped space. Defendant
    slapped Tracy and then pushed and dragged her into the house.
    Once inside, defendant slapped Tracy again and punched her in
    the head. He said, “‘You tried to take my life. Now you see how
    it feels to be inside a living casket. Now you know how it feels,
    don’t you.’” (Defendant testified in his own defense at trial and
    denied hitting Tracy or putting her in the trunk of the car.)
    2.    The March 2002 beating
    In early March 2002, Tracy was at her mother’s apartment
    when defendant arrived and began screaming at Tracy,
    demanding money. When Tracy refused, defendant repeatedly
    punched her in the head and on her body. Tracy lost
    consciousness and woke up in a different room with no memory of
    how she got there.
    Tracy’s mother testified defendant’s blows to Tracy’s head
    knocked her to the ground and defendant then dragged Tracy
    around the apartment and continued to beat her until she lost
    consciousness. (Defendant, in his testimony, denied committing
    any violence against Tracy on this occasion.)
    3.    The Subsequent March 2002 Strangulation
    On March 28, 2002, Tracy was talking on the telephone to a
    friend and her brother. Defendant came into the room and
    grabbed the phone out of her hand. He heard a male voice on the
    line and began arguing with the man, threatening to blow up his
    house. He then strangled Tracy with both hands, leaving marks
    around her neck and mark near her eye. Tracy also later
    suffered seizures, which could have been brought on at least
    partly as a result of the strangulation.
    3
    B.    Sentencing and the Proposition 36 Proceedings
    After a jury trial in 2003, defendant was found guilty of
    three counts of inflicting corporal injury to a spouse (Pen. Code,1
    § 273.5, subd. (a)), corresponding to each of the aforementioned
    episodes, and one count of false imprisonment (§ 236) in
    connection with the December 2001 confinement of Tracy in the
    trunk.2 Defendant was sentenced to 25 years to life in prison
    under the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12,
    subds. (a)-(d)).
    In 2013, defendant filed a petition for resentencing under
    section 1170.126, which was enacted as part of Proposition 36.
    The court denied the motion, holding the prosecution to the
    preponderance of the evidence standard. On appeal, we ordered
    the trial court to reconsider the petition using the beyond a
    reasonable doubt standard.3 (People v. Collins (May 15, 2018,
    B280353) [nonpub. opn.].)
    On remand, the trial court once again denied the petition,
    holding defendant was ineligible for resentencing because
    defendant intended to cause great bodily injury to Tracy.
    Analyzing each incident and the transcripts of defendant’s jury
    trial, the court found beyond a reasonable doubt that defendant
    intended to inflict great bodily injury with respect to each offense
    of conviction.
    1
    Subsequent statutory references are to the Penal Code.
    2
    Defendant was acquitted of making criminal threats, six
    counts of inflicting corporal injury to a spouse, kidnapping,
    assault with a firearm, three counts of false imprisonment, and
    possession of a firearm by a felon.
    3
    On November 19, 2019, we granted defendant’s request for
    judicial notice of the appellate record for this case but
    erroneously listed B296643 as the case number. We grant
    defendant’s request for judicial notice of the record on appeal in
    case B280353.
    4
    II. DISCUSSION
    Defendant’s attack on the sufficiency of the evidence
    supporting the trial court’s ineligibility finding is twofold. First,
    he claims the evidence of defendant’s intent to inflict great bodily
    injury should be deemed weak because the parties did not litigate
    defendant’s intent during his jury trial. Though defendant
    frames the argument as one going to the strength of the evidence,
    it is really an argument that seeks to undercut Supreme Court
    authority that holds a court deciding a Proposition 36 petition
    may properly make findings that go beyond the findings a jury
    was asked to make in the underlying criminal trial. (See, e.g.,
    People v. Perez (2018) 
    4 Cal.5th 1055
    , 1063 (Perez).) We follow
    Supreme Court authority and hold there is no reason to discount
    the intent finding made by the trial court hearing defendant’s
    section 1170.126 petition merely because defendant’s intent was
    not litigated during his criminal trial. Second, defendant argues
    what evidence there was at his trial that bears on his intent is
    still not enough to establish he intended to cause Tracy great
    bodily injury. Though the trial court reviewed the same trial
    record that we would review, our Supreme Court has held we as a
    reviewing court “must defer to the trial court’s [Proposition 36
    eligibility] determination if it is supported by substantial
    evidence.” (Perez, supra, at 1059.) Under that deferential
    standard, the evidence is sufficient.
    A.      The Trial Court Properly Considered the Trial
    Evidence to Decide Defendant’s Intent, and thus, His
    Eligibility
    Proposition 36 permits a defendant who is serving an
    indeterminate life sentence imposed pursuant to the Three
    Strikes law to be resentenced as a second strike offender if he or
    she meets certain criteria. (§ 1170.126.) As relevant here, a
    defendant is disqualified from resentencing under Proposition 36
    if, “[d]uring the commission of the current offense, the
    5
    defendant . . . intended to cause great bodily injury to another
    person.” (§§ 667, subd. (e)(2)(C)(iii), 1170.12, subd. (c)(2)(C)(iii);
    see also § 1170.126(e)(2).)
    Defendant argues we must conclude the evidence bearing
    on his intent to commit great bodily injury is insufficient because
    the issue was not litigated during his jury trial. He writes: “[I]n
    this case, at the initial trial, [defendant’s] intent to inflict harm
    was not at issue, and was in fact, irrelevant to the question of
    guilt. Thus, the recall judge here was making a factual
    determination after the trial based upon evidence that was not
    fully developed on the issue because the defense had no motive or
    opportunity to cross-examine or present defense evidence on the
    matter. In such circumstances, the evidence cannot be sufficient
    to establish that specific intent beyond a reasonable doubt.”
    The circumstances to which defendant refers—
    circumstances he believes “cannot be sufficient” to constitute
    sufficient evidence—are the circumstances in every case where a
    court called to decide a section 1170.126 sentence recall petition
    makes an eligibility finding predicated on an issue that was not
    litigated during the underlying trial. Our Supreme Court,
    however, has twice held it is proper for a trial court deciding such
    a petition to do just that, i.e., to make a finding on an issue the
    parties did not contest and the trial jury did not decide. (Perez,
    supra, 4 Cal.5th at 1063 [“In People v. Estrada (2017) 
    3 Cal.5th 661
    , 672[ ], we held that Proposition 36 permits a trial court to
    examine facts beyond the judgment of conviction in determining
    whether a resentencing ineligibility criterion applies. In reaching
    that statutory holding, we did not address any Sixth Amendment
    concern. [Citation.] We now hold that the Sixth Amendment
    does not bar a trial court from considering facts not found by a
    jury beyond a reasonable doubt when determining the
    applicability of a resentencing ineligibility criterion under
    Proposition 36”].) Defendant’s argument cannot be correct
    6
    because it runs contrary to the premise of these Supreme Court
    holdings. We reject it for that reason.
    B.      The Court’s Finding That Defendant Intended to
    Inflict Great Bodily Injury Is Supported by
    Substantial Evidence
    Defendant argues the evidence at trial did not establish his
    intent to commit great bodily injury but revealed “only a series of
    attacks by an angry man, which caused injuries that did not
    require medical attention.” We must defer to the trial court’s
    finding to the contrary if it is supported by substantial evidence.
    (Perez, supra, 4 Cal.5th at 1059.)
    In undertaking that substantial evidence review, we look at
    the record in the light most favorable to the trial court’s order
    and determine whether there is evidence that is reasonable,
    credible, and of solid value such that a reasonable trier of fact
    could make the intent-based ineligibility finding beyond a
    reasonable doubt. (See People v. Westerfield (2019) 
    6 Cal.5th 632
    ,
    713.) Especially when intent is at issue, “‘[s]ubstantial evidence
    includes circumstantial evidence and any reasonable inferences
    drawn from that evidence.’ [Citation.]” (People v. Brooks (2017) 
    3 Cal.5th 1
    , 57; see also People v. Manibusan (2013) 
    58 Cal.4th 40
    ,
    87; People v. Thomas (2019) 
    39 Cal.App.5th 930
    , 937-938 [actual
    infliction of great bodily injury is not required to find intent to
    inflict the same; a factfinder may infer intent “based on the facts
    and circumstances of the defendant’s actions alone”] (Thomas).)
    In December 2001, defendant hit Tracy and forced her into
    the trunk of the car he was driving. When defendant finally let
    Tracy out of the trunk, he hit her, dragged her into the house,
    and punched her in the head. These facts are substantial
    evidence supporting the finding of intent to inflict great bodily
    injury. (See, e.g., People v. Phillips (1989) 
    208 Cal.App.3d 1120
    ,
    1125 [concluding the defendant intended to inflict great bodily
    injury from the defendant’s act of shoving the 64-year-old victim
    7
    into a vehicle’s trunk].) In early March 2002, defendant punched
    Tracy repeatedly until she lost consciousness. This, too, is
    substantial evidence supporting the finding of intent to inflict
    great bodily injury. (See, e.g., Thomas, supra, 39 Cal.App.5th at
    938 [intent to inflict great bodily injury found where defendant
    punched victim suddenly and without provocation and, when
    victim fell down after first punch, defendant punched victim
    again]; see also § 243 [defining “serious bodily injury” to include
    loss of consciousness].) Then on March 28, defendant used both
    hands and strangled Tracy long and hard enough to leave marks
    on her neck. The facts of this violent episode again provide an
    adequate basis for the trial court’s intent finding. (See People v.
    Covino (1980) 
    100 Cal.App.3d 660
    , 664-665, 667-668 [choking
    that caused the victim’s face to become red and her eyes to bulge
    was likely to produce great bodily injury]; see also People v. Sloan
    (2007) 
    42 Cal.4th 110
    , 117 [“‘[s]erious bodily injury’ is the
    essential equivalent of ‘great bodily injury’”]; People v. Wade
    (2012) 
    204 Cal.App.4th 1142
    , 1146, 1149 [court properly
    instructed on battery causing serious bodily injury when the
    defendant choked the victim, causing her to black out].)
    Defendant argues the evidence of intent to inflict great
    bodily injury must be disregarded, however, because the jury in
    defendant’s case “did not completely believe” Tracy (the jury
    acquitted defendant of other charged offenses, including
    kidnapping) and because the trial judge remarked at defendant’s
    sentencing that defendant had not inflicted great bodily injury.4
    Both contentions are unpersuasive. Neither the jury at
    defendant’s trial nor the sentencing judge made any findings on
    defendant’s intent to inflict great bodily injury. “[I]t was
    4
    The sentencing judge also remarked, however, that
    defendant’s conduct was “cruel” and “vicious,” adding that the
    court believed “it’s quite clear [defendant] can get very violent
    when his temper is up.”
    8
    therefore up to the [section 1170.126 petition] court to make the
    necessary findings. . . .” (Thomas, supra, 39 Cal.App.5th at 939.)
    9
    DISPOSITION
    The trial court’s order is affirmed.
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
    BAKER, Acting P. J.
    We concur:
    MOOR, J.
    KIM, J.
    10
    

Document Info

Docket Number: B296643

Filed Date: 10/28/2020

Precedential Status: Non-Precedential

Modified Date: 10/28/2020