 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Waddell3/25/2003
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
Robert Charles Waddell was charged with three felony counts: one count of making terrorist threats on May 28, 2001, with use of a deadly weapon; a second count of terrorist threats on May 31, 2001; and a third count of inflicting injury on a cohabitant. (Pen. Code, §§ 422, 12022, subd. (b)(1), 273.5.) The People also alleged that he had suffered a prior conviction in 1986 for rape within the meaning of the Three Strikes law and for purposes of a five-year enhancement under section 667, subdivision (a)(1). (§§ 667, subds. (c), (e)(1), 1170.12, subds. (a), (c)(1).) The trial court, following a bench trial, acquitted appellant on count 1 and found him guilty on counts 2 and 3. The court found true the special allegations concerning the prior strike and serious felony conviction. The court sentenced appellant to an aggregate term of nine years in state prison.
Appellant contends that his sentence on count 2 should have been stayed pursuant to section 654, and the court abused its discretion by denying his motions to strike his prior conviction and reduce his current offenses to misdemeanors. We affirm.
Facts
Appellant, an alcoholic, met his girlfriend, Diane Rowbotham, in 1996 and moved in with her in 1998. Diane was intolerant of his alcoholism and there were incidents of violence between the couple. When appellant became drunk, Diana would kick him out. Once he was sober, she would allow him to return.
In May of 2001, appellant's friend Mark rented a room from Diane. Soon after Mark moved in, on May 28th, Diane told appellant the arrangement was not working out and that he was going to have to ask Mark to leave. Later that evening, appellant awoke Diane by shaking her and began ranting about Mark coming to get his belongings. Appellant produced a knife and started "jabbing the knife in the air in [Diane's] direction." Appellant then stated, "This is for Mark and for you." Diane was shocked and momentarily in fear for her life. She did not think that appellant was trying to threaten her but nonetheless hid all the knives in the kitchen after the incident.
On the morning of May 31, 2001, the couple discussed their relationship. Diane told appellant he had to move out. Later, as Diane walked to the living room, appellant came up behind her, put his hands over her face, and threw her to the ground. Appellant sat on top of her, put his hands over her mouth and nose, and tried to smother her. Diane was afraid and unable to breath. Appellant screamed at her, "Today's the day you're going to die." Appellant continued, "Die, bitch, die," and stated, "I was going to stab you while you were sleeping, but I wanted you to be awake so you'd be scared."
In trying to pry appellant's hands away from her face, Diane stabbed herself in the face with her fingernail. Blood ran into her hair and eye. Appellant hit her a few times in the face. She thought appellant was serious in his threats and was afraid for her safety.
Appellant smothered Diane for approximately 10 minutes until she was almost unconscious. He then climbed off her and kneed her in the chest, bruising her side and rib cage. Appellant then dragged her by the hair, pulled her to a standing position, took her into the bathroom, and told her to clean up.
Appellant took Diane downstairs to the master bedroom. He started ranting irratio
Page 1 2 3 4 5 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|