People v. Pollano CA1/3

── People v. Pollano CA1/3 ── Court: California Court of Appeal Date: May 28, 2026 Category: General Filed 5/28/26 P. v. Pollano CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIRST APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, A170505 v. RABIRA GIULIANO POLLANO, (City & County of San Francisco Defendant and Appellant. Super. Ct. No. CRI22001523) A jury convicted Rabira Giuliano Pollano of felonies related to his domestic violence against his wife. He appeals, arguing the trial court erroneously admitted evidence and denied him access to mental health records. We affirm. BACKGROUND In October 2023, the prosecution charged Pollano with kidnapping, assault with a deadly weapon not a firearm, making criminal threats, domestic violence, two counts of grand theft from a person, two counts of dissuading a witness, vandalism, two counts of assault with a firearm, and assault with force likely to cause great bodily injury. (Pen. Code, §§ 136.1, subd. (b)(1), 207, subd. (a), 245, subds. (a)(1), (2), & (4), 273.5, subd. (a), former 422, 487, subd. (c), 594, subd. (b)(1).) It also alleged various enhancements, aggravating circumstances, and a prior felony conviction. 1 (Id., §§ 667, subds. (a)(1), (d), & (e), 667.5, subd. (b), 1170.12, subds. (b), (c), 12022.5, subd. (a), 12022.53, subd. (b); Cal. Rules of Court, rule 4.421.) In February 2022, Pollano and T.D. — his wife since 2019 — argued. After a “severely abusive” marriage and a separation, she told him he needed to move out immediately. The argument escalated, and he began blocking her movements. She slapped him, and he pushed her to the ground and started punching her. He said, “ ‘you’re gonna die tonight,’ ” moved her to a different room, and continued punching and kicking her. Justin Urena — a friend of Pollano who was waiting outside — heard yelling and knocked on the door. Pollano left the room to speak with him. When Pollano returned, T.D. was certain he would kill her and begged him not to. He said, “ ‘I’m gonna hurt you,’ ” “ ‘I’m gonna kill you,’ ” and “ ‘I’m going to cripple you.’ ” He also smashed her iPad with a hammer. Pollano walked T.D. to Urena’s car, put her in the back seat, and got into the passenger’s seat. Urena drove, and Pollano told him that they were going to “ ‘kill her’ ” and he knew a hiking trail with a lake nearby to “ ‘dump her body in.’ ” When they arrived, it was pitch black. He told Urena to “ ‘[t]ake her over there. Shoot her. Dump her body in the lake.’ ” She used pepper spray and tried to run, but Pollano grabbed her shirt. She “maneuver[ed] out of” her shirt and ran, screaming for help as he gave chase. T.D. ran towards an oncoming car. She screamed, “ ‘[h]elp me,’ ” “ ‘[h]e’s trying to kill me,’ ” as the car stopped. She got in the back seat, but Pollano got in before she could close the door. Two “younger” girls were in the car. One noticed T.D. had “dark spots all over her face” that could have been “dirt” or “blood.” He told the girls “ ‘[t]his is my wife,’ ” “ ‘[e]verything is fine,’ ” and “ ‘[w]e don’t need anything.’ ” She repeated “ ‘[h]e’s gonna kill me,’ ” “ ‘[p]lease help me. I’m going to die.’ ” One of the girls tried to call 911, 2 but he grabbed her phone and threw it behind him. He also grabbed the other g