State v. Luis C. Salinas

2016 WI 44, 879 N.W.2d 609, 369 Wis. 2d 9, 2016 WL 3009469, 2016 Wisc. LEXIS 152
CourtWisconsin Supreme Court
DecidedMay 26, 2016
Docket2013AP002686-CR
StatusPublished
Cited by21 cases

This text of 2016 WI 44 (State v. Luis C. Salinas) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Luis C. Salinas, 2016 WI 44, 879 N.W.2d 609, 369 Wis. 2d 9, 2016 WL 3009469, 2016 Wisc. LEXIS 152 (Wis. 2016).

Opinions

REBECCA G. BRADLEY, J.

¶ 1. In this appeal, we are asked to determine whether the Brown County Circuit Court erred when it granted the State's motion to join intimidation charges involving two victims, a mother and her daughter, with already-pending sexual assault charges where the daughter was the victim. The circuit court1 held that joinder was proper under Wis. Stat. § 971.12(1) (2009-10);2 the court of appeals reversed in an unpublished per curiam opinion.3

¶ 2. We hold that joinder was proper because the charges joined were "2 or more acts or transactions connected together or constituting parts of a [13]*13common scheme or plan," the charges were "connected together," and the charges constituted parts of a "common scheme or plan." See Wis. Stat. § 971.12(1). Accordingly, we reverse the court of appeals and affirm the jury's verdicts finding Luis Salinas guilty of: (1) repeated sexual assault of a child; (2) second-degree sexual assault; (3) second-degree sexual assault of a child under the age of 16; (4) intimidation of witness, M.S.; and (5) intimidation of witness, V.G.

I. BACKGROUND

¶ 3. Salinas lived with his girlfriend M.S., their son A.S., M.S.'s daughter V.G., and M.S.'s two sons. On October 26, 2009, police were called to the family home following a domestic violence incident. V.G. reported that Salinas slapped her face after M.S. left for work, and when M.S. returned home, V.G. heard M.S. and Salinas arguing. V.G. said she saw Salinas with both hands on M.S.'s neck in what looked like an attempt to choke M.S. to death. V.G. yelled at Salinas to let M.S. go. M.S. yelled for V.G. to get out of the house and call police. M.S. reported she grabbed Salinas's hair, escaped his grasp, and ran out of the house. When M.S. looked back, Salinas had their then four-year-old son, A.S., in the doorway and Salinas had a knife in one hand although the knife was not pointed at A.S. Salinas told A.S. to ask M.S. to come back inside. Salinas yelled for V.G. not to call police or Salinas would kill A.S. and kill himself. Police arrived shortly thereafter and arrested Salinas.

¶ 4. The next day, October 27, 2009, the State charged Salinas with four counts arising from this domestic violence incident. Both M.S. and V.G. were domestic violence victims. Salinas entered into a plea agreement with the State. On March 8, 2010, Salmas [14]*14entered Alford4 pleas to domestic violence strangulation and suffocation and domestic violence battery. The other two counts were dismissed but read in at sentencing.

¶ 5. While the domestic violence charges were pending, Salinas frequently called M.S. from jail. Between the time Salinas was arrested and the date of his sentencing in the domestic violence case on May 11, 2010, the jail recorded over 500 phone calls from Salinas to M.S. The intimidation charges at issue here stem from those phone calls. The State asserted that transcripts from the phone calls show Salinas's attempt to pressure M.S. to change her statement to police about the domestic violence incident and come to the sentencing to help him look good with the sentencing judge.

¶ 6. In two of the calls, Salinas said:

I thank you so much for having my son, [M.S.] But you really piss me off. You don't know what I'm able to do. You don't know what I have done or what I could do. You are treating me like a piece of shit. No, my darling, you don't know who I am. That is why you want to send me to prison and you want me to go to hell. Fourteen years and six years for this and that and you think you're playing with a piece of shit. I told you long time ago don't call the cops on me because we're going - because they are going to take me seriously. And, look, you called the cops and all because of [V.GJ.
I'm telling you, man, I can never talk to you because, look, you better start thinking that one day I'm coming [15]*15out. Daughter of your fucking mother, because you're making me tired of always trying to kiss your ass. You better straighten your stinking, your fucking stinky ass. I'm so fucking sick of it. And then they don't want me to kick your ass, man. If you hate me so much, why don't you let me fuck myself up? You never have the mouth when I was outside. I know you're fucking mouthy. I'm tired of your shit. If I get out, if I get out, you are going to be sorry, my darling. You better answer me right now and tell me what is it that you want to do. I don't want to be mean to you because you're the mother of my son.

¶ 7. The State also asserted that Salinas pressured M.S. to convince V.G. to do something to help him with the sentencing judge. Salinas spoke with V.G. directly on one occasion. Ultimately, both M.S. and V.G. testified at Salinas's sentencing hearing on the domestic violence convictions. Both indicated to the sentencing judge that they wanted Salinas to come back home. The sentencing court imposed three years of probation with nine months of jail time.

¶ 8. On May 13, 2010, two days after Salinas's sentencing on the domestic violence convictions, V.G. told her boyfriend, E.D., that Salinas had been sexually assaulting her for the past three years. According to E.D., V.G. was scared and shaky when she revealed the sexual assaults and her story came out in "bits and pieces." E.D. told V.G. to tell her mom and the police. V.G. then told M.S. and M.S. took V.G. to the police station to report what had happened.

¶ 9. V.G. told police that when she turned 13, Salinas began forcing her to have sexual intercourse. The first time was in the bathroom at their home on Oakland Street. Salinas told her to lie down on the bathroom floor. He took down her sweatpants and [16]*16underwear and put his penis into her vagina. When she said no, he told her that if she refused, he would take her little brother away or send her away. He also hit her, punched her, and slapped her to force compliance. V.G. told police the sexual assaults took place 6 to 12 times a month over the' course of three years. She said Salinas did this when her mother was not home. V.G. said the assaults occurred in the living room and Salinas's bedroom and the assaults continued when they moved to a different house on Dousman Street. V.G. explained that Salinas rarely used a condom, but did not ejaculate inside of her. He "pulled out" and then used a white rag, which he often made her wash afterwards.

¶ 10. V.G. told police that the last sexual assault occurred the day Salinas was arrested for the domestic violence. Salinas slapped her that day because she told him she did not want to have sex with him. V.G. reported that she did not tell anyone about the sexual assaults because she was afraid and ashamed and because Salinas repeatedly threatened that he would take her little brother away or send her away.

¶ 11. On May 19, 2010, the State charged Salinas with three counts related to the sexual assaults: (1) repeated sexual assault of a child in violation of Wis. Stat. § 948.01(l)-(2) and Wis. Stat. §

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Cite This Page — Counsel Stack

Bluebook (online)
2016 WI 44, 879 N.W.2d 609, 369 Wis. 2d 9, 2016 WL 3009469, 2016 Wisc. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-luis-c-salinas-wis-2016.