Monday, June 24, 2019
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Appeals Court Affirms Order That Husband, Wife May Not Cohabitate Despite Their Wishes
By a MetNews Staff Writer
Div. One of the Fourth District Court of Appeal has affirmed a protective order requiring that a man who assaulted his wife not be allowed to live with her—despite both spouses asking that the order be modified to delete that proviso.
The order was imposed on Loreto Osuna who pled no contest to assault with force likely to cause great bodily injury and was placed on probation, a condition of which was spending 180 days in jail. Imperial Superior Court Judge Marco D. Nunez declined to snip from the protective order he issued the requirement that Osuna not live under the same roof as his wife—whom he attempted to smother with a comforter, with a sock stuffed in her mouth, but was interrupted when their son came in the room—who now wants him back.
Osuna’s appointed counsel on appeal, John L. Staley, submitted a Wende brief declaring he found no arguable issues. However, in accordance with the U.S. Supreme Court’s 1967 decision in Anders v. California, he pointed to issues the court might wish to consider: whether Nunez abused his discretion in not modifying the order and whether a subsequent order rendered the matter moot.
Acting Presiding Justice Richard D. Huffman said in an unpublished opinion filed Thursday:
“We have reviewed the entire record as mandated by Wende and Anders. We have not discovered any arguable issue for reversal on appeal. Competent counsel has represented Osuna on this appeal.”
The case is People v. Osuna, D075253.
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