People v. Daniel CA2/2

BACKGROUND

I. Facts

“Shelida H. (Shelida) met defendant in February 2004 and became his girlfriend. Shelida learned she was pregnant in April 2004 and expressed to defendant her uncertainty about whether to keep the baby. At approximately 9:00 p.m. on April 12, 2004, defendant arrived at Shelida’s home carrying a suitcase. Shelida was not happy that defendant appeared to have decided to move in with her. She allowed him to enter, but she displayed ‘a little attitude’ and went back to bed. When Shelida lay down on her bed, defendant hugged her and asked her how she was. Shelida brushed him off. Defendant asked her what was wrong, and Shelida replied, ‘nothing,’ and went to sleep.

All further statutory references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, section 1171.1 was renumbered section 1172.75, with no substantive changes. (Stats. 2022, ch. 58, § 12; People v. Burgess (2022) 86 Cal.App.5th 375, 378, fn. 2.) For simplicity, we refer to the section by its new numbering.

2 Defendant left the bedroom and later returned and tried to talk to her again. He sat on the bed and asked her what was wrong. Shelida said only that she was…