Opinion

People v. Arnold CA2/6

Court
California Court of Appeal
Filed
Dec 15, 2025
Status
Unpublished
Cited by
0 cases
Authority
More cited than 37.7%

The opinion

Filed 12/15/25 P. v. Arnold CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B338391

(Super. Ct. No. 2023029743)

Plaintiff and Respondent, (Ventura County)

v.

JASON ARNOLD,

Defendant and Appellant.

Jason Arnold appeals the judgment after a jury convicted

him of stalking (Pen. Code,1 § 646.9); sending a threatening letter

for extortion (§ 523); and three counts of distributing private

intimate photos (§ 647, subd. (j)(4)(A)). He contends the trial

court erred in the denial of his speedy trial motion, and the

court’s evidentiary rulings denied his right to confront and cross-

examine witnesses. We affirm.

1 Unless otherwise noted, all further statutory references

are to the Penal Code.

FACTS AND PROCEDURAL HISTORY

Arnold and H.P. were in a dating relationship. Before they

started dating, Arnold saw her for chiropractic treatment. Their

relationship ended in April 2019.

Arnold did not want the relationship to end. He wrote

letters and sent text messages and e-mails to H.P. begging her to

stay. In November 2019, H.P. found an envelope on her car

which contained nude photographs of her. Arnold was the only

person who had access to those photographs.

H.P. later received an e-mail from Arnold that indicated he

had filed a complaint with the Board of Chiropractic Examiners

about treatment he received when he was her patient. The

chiropractic board found H.P. violated some rules when she

treated Arnold, his ex-wife, and daughter.

Between November and December 2019, H.P. received

several text messages from a number she did not recognize. The

messages contained explicit language and pictures, threatening

to turn her nude photographs into sexual advertisements listing

her name and contact information, and posting them at various

areas around town including her children’s school. H.P. found a

sexual advertisement flyer depicting her on the bathroom doors

at her place of employment. H.P.’s boyfriend and family

members also received the same text messages. Police found

nude photographs of H.P. and language identical to that used in

the text messages and advertisements on Arnold’s cell phone and

computer.

The jury found Arnold guilty of stalking (§ 646.9, subd. (a));

sending a threatening letter for extortion (§ 523); and three

counts of distributing private intimate photos (§ 647, subd.

(j)(4)(A)). Imposition of sentence was suspended, and Arnold was

2

placed on formal probation for three years with specified terms

and conditions.

DISCUSSION

Speedy Trial Motion

On March 18, 2024, the day trial began, Arnold filed a

motion to dismiss pursuant to Serna v. Superior Court (1985) 40

Cal.3d 239, alleging a violation of his speedy trial rights. The

motion claimed the prosecution improperly dismissed Arnold’s

prior case on the last day and subsequently re-filed it resulting in

delays which prejudiced the defense. The motion was served on

the prosecution the morning of the hearing. The trial court

dismissed the motion finding Arnold failed to give proper, timely

notice. Arnold contends this was error. We disagree.

In a criminal case, parties are required to notice all pretrial

motions prior to the hearing date. (Daws v. Superior Court

(2019) 42 Cal.App.5th 81, 87.) They must comply with California

Rules of Court, rule 4.111(a), which requires all pretrial motions

to be filed and served at least 10 court days before the hearing.

The trial court may consider the failure to serve and file the

motion within the time permitted without good cause as an

admission the motion is without merit. (Id., subd. (b).)

Here, Arnold did not give proper notice and did not comply

with the rules of court. The motion was filed and served the

same day the jury trial began. The prosecutor confirmed receipt

of the motion earlier that morning and had no opportunity to

respond. Given his failure to comply with the filing rules and

procedures, the trial court did not err in dismissing his motion.

(See People v. Lewis (1977) 71 Cal.App.3d 817, 820-821 [no error

in the trial court’s refusal to consider the defendant’s motion to

suppress due to his failure to comply with the local court rule

3

regarding written motions]; Sabato v. Brooks (2015) 242

Cal.App.4th 715, 723 [a trial court may properly refuse to

consider a litigant’s position when there is no compliance with

filing rules and procedures].)

The Right to Confront and Cross-Examine Witnesses

Arnold contends the trial court violated his Sixth

Amendment right to confront and cross-examine witnesses when

it excluded: 1) full cross-examination on the chiropractic board

charges and discipline of H.P.; 2) testimony of the chiropractic

board investigator; and 3) cross-examination of H.P. about a rape

allegation she made in a civil suit against Arnold. We are not

persuaded.

Arnold sought to introduce the full details of the

chiropractic board’s disciplinary action against H.P., including

testimony from the investigator, to show H.P. initially denied the

allegations but later admitted them and signed a stipulation.

The trial court noted that admitting all the information Arnold

requested “will not only necessitate undue consumption of time,

[but also] create[] substantial danger of undue prejudice and . . .

confusing the issues or misleading the jury.” The court denied

Arnold’s requests in part and stated his right to cross-examine

and confront adverse witnesses “can be accomplished in a way

while balancing Evidence Code section 352.” The court ruled that

the chiropractic board’s decision that H.P. violated the policies

and guidelines and the fact that Arnold was involved in that

decision were admissible, but the specific facts about the

violations were inadmissible. The court also ruled the existence

of the civil suit and countersuit and the fact each involved money

were admissible, but the specific allegations in the civil case,

4

including the rape allegation, were inadmissible. There was no

error in these rulings.

“ ‘Within the confines of the confrontation clause, the trial

court retains wide latitude in restricting cross-examination that

is repetitive, prejudicial, confusing of the issues, or of marginal

relevance.’ ” (People v. Ayala (2000) 23 Cal.4th 225, 301.)

“Moreover, reliance on Evidence Code section 352 to exclude

evidence of marginal impeachment value that would entail the

undue consumption of time generally does not contravene a

defendant’s constitutional rights to confrontation and cross-

examination.” (People v. Brown (2003) 31 Cal.4th 518, 545.) If

the impeachment evidence is on a collateral matter and only

slightly probative of the witness’s veracity, the evidence may be

properly excluded under Evidence Code section 352 and the

defendant’s right of confrontation is not infringed. (People v.

Jennings (1991) 53 Cal.3d 334, 372.) “A trial court's limitation on

cross-examination pertaining to the credibility of a witness does

not violate the confrontation clause unless a reasonable jury

might have received a significantly different impression of the

witness’s credibility had the excluded cross-examination been

permitted.” (People v. Quartermain (1997) 16 Cal.4th 600, 623-

624.)

In this case, Arnold was permitted to conduct effective

cross-examination of H.P. The trial court allowed Arnold to

cross-examine H.P. about the discipline she received from the

chiropractic board for rule violations in her treatment of him and

his family, presumably to impeach her credibility and show she

had a motive to retaliate against him for filing the board

complaint. The court reasonably found Arnold’s request to

further impeach H.P. with the investigator’s testimony that H.P.

5

initially denied the allegations but later admitted them was

unnecessary. H.P. admitted she violated the chiropractic board’s

rules. Anything more on this issue would be a time-consuming

inquiry into a collateral administrative proceeding that would be

of marginal relevance for impeachment. (People v. Contreras

(2013) 58 Cal.4th 123, 152.) Trial courts have broad discretion

“ ‘ “to prevent criminal trials from degenerating into nitpicking

wars of attrition over collateral credibility issues.” ’ ” (People v.

Pearson (2013) 56 Cal.4th 393, 454.)

Nor do we find error in the exclusion of the rape allegation

in the civil suit. This allegation had no factual connection to any

of the criminal offenses charged and Arnold sought to attack

H.P.’s credibility by showing that allegation was false. This

would have triggered a trial within a trial on a wholly collateral

issue. Under these circumstances, the application of Evidence

Code section 352 to restrict cross-examination on that issue did

not contravene Arnold’s constitutional rights. (People v. Brown,

supra, 31 Cal.4th at p. 545.)

Moreover, Arnold has not shown he was prejudiced by the

trial court’s evidentiary rulings. The People’s case was strong

and presented compelling evidence of guilt. The detective’s

testimony showed Arnold was the one who sent the threatening

and explicit text messages to H.P. and her family members. The

jury did not find Arnold to be credible. Given the strength of the

People’s case, Arnold has not shown a reasonable probability of a

different result had the trial court made different rulings on the

admissibility of evidence or the scope of cross-examination. (In re

Sassounian (1995) 9 Cal.4th 535, 550; People v. Watson (1956) 46

Cal.2d 818, 836.)

6

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED.

HIPPACH, J.*

We concur:

BALTODANO, Acting P. J.

CODY, J.

*(Judge of the Santa Barbara Sup. Ct assigned by the Chief

Justice pursuant to art. VI, § 6 of the Cal. Const.)

7

Paul W. Baelly, Judge

Superior Court County of Ventura

______________________________

Law Offices of Michael D. Kwasigroch and Michael D.

Kwasigroch for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief

Assistant Attorney General, Susan Sullivan Pithey, Assistant

Attorney General, Scott A. Taryle and Chung L. Mar, Deputy

Attorneys General, for Plaintiff and Respondent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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