1 Filed 12/4/14 P. v. Rivera CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent,

v. CESAR RIVERA, Defendant and Appellant. A139988
(City and C ounty of San Francisco Super. Ct. No. 220465)

A jury convicted Cesar Rivera of disobe ying a domestic relati ons court order and attempting to disobey a domestic relations court order, both misdemeanors. He contends the evidence that he knew of or had the oppor tunity to read the or der was insufficient to support the verdict. Substa ntial evidence supports th e verdict, so we affirm.
BACKGROUND
Rivera and Lauren Anzalone became e ngaged in December 2012 after a brief courtship. Anzalone soon bega n to harbor doubts about their relationship, largely due to Rivera’s jealousy and possessiveness. In mid-April 2013 she voiced her concerns to Rivera. She tried to give back her engagement ring, but he became angry and she continued to wear the ring to assuage him. Soon afterward she stopped wearing the ring, explaining to Rivera that she was unhappy in the relationship and that his jealousy was a problem. On April 26 Anzalone texted Rivera not to pick her up at the restaurant where she worked, as he usually did, because she was going out with some coworkers. Anzalone, Claudio Aramburu, and several other coworkers finished work at midnight and went to a2 bar called the Wreck Room. As they left around 1:30 a.m., Aramburu and Anzalone were walking with their arms around each other when “out of nowhere” Rivera ran up
from behind and hit Aramburu on the back of his head, knocking him to the ground.
Rivera kicked Aramburu two or three times as Anzalone screamed at him to stop. She pushed Rivera toward his car and the two drove off togeth er as Anzalone’s coworkers
rushed to Aramburu’s aid. When Anzalone and Rivera arrived at Anzalone’s house she put his belongings in his car and told him the relationship was over.
Rivera called Aramburu around 2:30 that mo rning. He said he “he just couldn’t
control himself” after he saw Aramburu danc ing with Anzalone at the Wreck Room, and warned Aramburu to stay away from Anzalone.
Aramburu and Anzalone went out together again on May 1 and May 2. On May 2, Aramburu spent the night with Anzalone at he r home. Around midnight, Anzalone heard
her window blinds rattle and looked to see Rivera at the window directly above her bed. She screamed “No!” and pushed his face as hard as she coul d in an attemp t to keep him out. Rivera nonetheless pushed through the wi ndow and “belly flopped” onto the bed. Aramburu grabbed Rivera and was trying to push him toward the bedroom door when Anzalone’s housemates responded to the ruckus and helped him wrangle Rivera into the hallway. Anzalone called the police, who arrive d promptly and arrested Rivera as he was walking away from the building. At 1:55 that morning San Francisco Po lice Officer Phillip Frenkel obtained an emergency protective order that directed Rive ra to stay at leas t 100 yards away from Anzalone, her home and her place of work and prohibited him from calling or otherwise contacting her. Rivera was “a bit” irrational, rambling about his troubles with Anzalone,
but he was not under the influenc e of drugs or alcohol. He had a cut on the bridge of his nose and complained of neck pain. Rivera s poke English and did not ask if the officers spoke Spanish or for an interpreter. Officer Frenkel brought a copy of the em ergency protective order into Rivera’s
cell and read it to him as Officer Erik Leun g observed. Officer Frenkel held the written
order about 13 inches from Rivera ’s face and pointed out each se ction as he read it aloud.3 Rivera said he did not believe what was happ ening to him. He was distraught and “a little erratic.” As Officer Frenkel read the protec tive order Rivera shook his head and said “I don’t want this.” He may have started to cry. Officer Leung told Rivera that the protective order was effective “whether he wanted it or not.” Officers Frenkel and Leung directed Rive ra to sign the protective order, but he
refused. The officers then re alized that no signature was required and told Rivera so, explaining also that a copy of the protec tive order would be put with his personal property and given to him upon his release. Officer Frenkel filled out a proof of service
of the order at 3:15 a.m. Rivera was tran sported to San Francisco General Hospital,
where he was treated for a broken nose and abrasions. Rivera called Anzalone from jail 23 times that morning, starting around 5:00 or
6:00 a.m. At 10:30 a.m. she answered his 23rd call because she felt guilty and wanted him to stop calling. Rivera asked her to te ll the police that he did nothing wrong.
Rivera testified that he told Officer Frenkel he needed a Spanish interpreter, although he spoke with the officers and wrot e a statement in English. He denied that Frenkel showed or read him the emergenc y protective order and testified on crossexamination that he first learned about it, from Inspector John Keane, after he made his calls to Anzalone. On rebuttal, Inspector Keane testified that he spoke with Rivera in jail
but did not discuss th e protective order. The jury found Rivera gu ilty of misdemeanor disobe ying a domestic relations court order and misdemeanor attempted disobe ying a domestic relati ons court order, and found him not guilty of battery with serious bodily injury . The jury was unable to reach a verdict on other related charges, which were dismissed. Rivera was placed on three years’ probation and timely appealed.
DISCUSSION The principles governing our review are we ll settled. “When an appellant attacks the sufficiency of the evidence to support a conviction, this court must examine the entire record in the light most favor able to the judgment below a nd presume in support of the4 judgment the existence of ever y fact that can reasonably be deduced from the evidence. [Citation.] Substantial evidence includes circumstantial eviden ce and the reasonable inferences flowing therefrom. [Citation.] If the circumstances reasonably justify the findings of the trier of fact as to each element of the offense, an opinion of the reviewing court that the circumstances might also lead to a contrary finding does not warrant reversal.” ( In re Leland D. (1990) 223 Cal.A pp.3d 251, 258; People v. Bunyard (1988) 45 Cal.3d 1189, 1213.) Rivera argues the evidence was insufficien t to prove he knew about the protective order and that he had the opportunity to r ead it or otherwise become familiar with its terms. (See CALCRIM No. 2 701 [prosecution must prove th e defendant’s knowledge of and opportunity to apprise himself of its contents].) His argumen t is premised on his
heartbreak and shock at seei ng Anzalone in bed with another man, which caused him to be distraught and irrational when Officer Frenkel read and showed him the protective
order. Rivera further observes that his nos e was broken, that he was handcuffed to a bench, that English is not his native tongue, and that Officer Frenkel did not give him a copy of the order or let him hold it. But th e question before us is whether substantial evidence supports the jurors’ finding that Rivera did have the opportunity to become
familiar with the terms of th e protective order, not whether the evidence might also have supported the contrary conclusion. The testimony of Officers Fr enkel and Leung and Inspector Keane constitute substantial eviden ce that defendant was informed of the protective order and adequately apprised of its contents, so we may not interfere with the jurors’ determination.
DISPOSITION The judgment is affirmed.5 _ ____________ ____________ Siggins, J.

We concur:

_____________ ____________ Pollak, Acting P.J.

_____________ ____________ Jenkins, J.