P.

STATEMENT OF FACTS

At the time of trial in 2012, Aguayo and his ex-girlfriend, Ivon D., had known each other for approximately 15 years. In March or April 2011,1 Aguayo moved in with Ivon and her mother, sister and daughter.2 Aguayo and Ivon shared a bedroom in the two-bedroom apartment. The information charged Aguayo with 12 counts representing several incidents on various dates. The facts related to those counts resulting in conviction are summarized below.

I. Count 2 – Inflicting Injury on Cohabitant on or about July 1, 2011

On July 1, 2011, at approximately 9 a.m., Ivon was at home watching television with her two-year-old daughter when Aguayo woke up and wanted to argue with her. Ivon asked if she could spend some time with her daughter, Aguayo responded in the negative and dragged Ivon by her hair into their bedroom. Aguayo closed the door, threw Ivon on the bed and whipped her 9 or 10 times with a belt, leaving bruises and welts on her arm, shoulders, a part of her back, the back of her neck and legs.

Aguayo testified that he moved in about May 2011. 2Ivon‟s father also lived with them for a short time, but moved out. Ivon‟s sister mostly stayed over on weekends…