People v. Gallegos CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Defendant and Nicole Tejada met in 2009 and dated until September 2015. They had a child together and maintained contact after they broke up, in order to coparent their son. Tejada dated Armando Amaya between February 2016 and May 2016, and they remained friends thereafter. Defendant “was the jealous type towards” Tejada, even though they were no longer a couple. On September 4, 2016, defendant and Tejada spent the morning together. They shopped to find Tejada a jersey for a sports-themed birthday party she would attend later that day. Tejada told defendant that the party was at Break Room bar in Long Beach, but she did not invite him along. Defendant and Tejada ate together and went to defendant’s house before defendant dropped her off in the afternoon. Tejada picked up a couple of friends before heading to the Break Room. They arrived around 3:45 p.m., and remained there, socializing and drinking until just after 11:00 p.m. While Tejada was at the bar, she and defendant exchanged text

1 These facts are derived from the evidence presented at trial.

2 messages about what each one was doing. Cell phone records showed that defendant…