People v. Fowler CA5

BACKGROUND

On March 14, 2014, defendant and B.M. were packing the contents of a trailer in preparation for a move. A neighbor called the police after she heard defendant yell that he was going to kill B.M., and B.M. yelled back, “No, no!” When the police arrived at the trailer, they separated defendant and B.M. B.M. told the police that she and defendant had been arguing during the morning, but after she pulled a cord from their satellite receiver, defendant became enraged, attempted to strangle her with the cord, and physically prevented her from leaving the trailer. Although defendant maintained that he and B.M. had been wrestling and got tangled in the cords and denied attempting to

2. strangle B.M. or prevent her from leaving the trailer, defendant was arrested and criminally charged. (People v. Fowler (Apr. 16, 2018, F073444 [nonpub. opn.] (Fowler).) Conviction and First Sentencing On July 15, 2015, defendant was convicted of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1);1 count II) and false imprisonment (§ 236; count III.) In a bifurcated proceeding in September 2015, the trial court found true enhancements for two prior imprisonments (§ 667.5, subd. (b)),…