People v. Burton (143 Cal. App. 4th 447, 2006)

Opinion

DAVIS, Acting P. J.

—A juryconvicted defendant Carlos Cortez Burton of torture, aggravated mayhem, corporal injury, and misdemeanor child endangerment. (Pen. Code, §§ 206, 205, 273.5, subd. (a), 273a, subd. (b).) On appeal, defendant contends there was insufficient evidence to support (1) his conviction for torture; (2) his conviction for child endangerment; and (3) the enhancement allegations that he used a dangerous or deadly weapon. (§ 12022, subd. (b)(1).) We disagree and affirm the judgment.

In so doing, we conclude that a parent may be convicted of misdemeanor child endangerment under section 273a, subdivision (b), by engaging in serious domestic violence against the other parent while aware that his or her child is at the scene.

Background

Defendant and the victim, Shanita S., have had a stormy relationship dating back to 1994. Defendant had threatened Shanita multiple times, sometimes with a gun. They had lived together off and on and have two sons. In 2004, Shanita and the children moved from Arkansas to Sacramento after defendant threatened to “hurt” her if she stayed in town. Shortly thereafter, defendant moved to Sacramento and eventually moved in with Shanita because Shanita wanted the children to be near their father. Several days before the attack that is at issue on appeal, defendant accused Shanita of cheating on him. Two days before the attack, Shanita asked defendant to move out.

In the early morning of May 20, 2005, Shanita was preparing to drive to work with her two children. She had placed the younger son, then two years old, in his car seat while the older son, then eight, had gone behind a wall adjacent to the passenger’s side of the car to urinate (he could no longer hold it). Shanita then walked around to the driver’s side of the car and found defendant crouched near the front tire. As Shanita described it, defendant stood, punched her three to four times, then ran away after she lost her balance and fell. Shanita soon realized defendant had inflicted a series of deep cuts to her face. Shanita was hospitalized and treated with over 200 stitches. She is permanently disfigured.

At trial, defendant presented evidence that he was sleeping at the home of a friend at the time of the incident.

Discussion

1. Standard of Review

In reviewing the sufficiency of evidence in a criminal appeal, we review the record in the light most favorable to the judgment to determine whether there is substantial evidence such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. (People v. Johnson (1980) 26 Cal.3d 557, 578 [162 Cal.Rptr. 431, 606 P.2d 738].) An appellate court must presume the existence of every fact the trier could reasonably deduce from the evidence. (People v. Redmond (1969) 71 Cal.2d 745, 755 [79 Cal.Rptr. 529, 457 P.2d 321].)

2. Torture Conviction

Defendant contends there is insufficient evidence to support his torture conviction under section 206.

Section 206 provides: “Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture.[] [