P.
P. v. Stewart CA2/26
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
In 2011, Stewart and Erica Coleman were in a dating relationship. Stewart frequently abused alcohol and on "too many [occasions] to remember," slapped and struck Coleman. Nevertheless, Coleman continued to date Stewart. In the morning of October 2, 2011, Stewart and Coleman spent the day together at a car club event. Stewart consumed alcohol that day and was "staggering" and "slurring" his speech.
1 All further statutory references are to the Penal Code unless otherwise stated. That evening, Stewart and Coleman were visiting friends at a motorcycle club. Coleman sat in the driver's seat of Stewart's vehicle. Stewart became angry when he thought a man was speaking to Coleman. After an exchange of words with the man, Stewart obtained a gun from the trunk of his vehicle. He cocked the gun, placed it against Coleman's ear, and threatened to shoot her. Coleman calmed Stewart and suggested that they return home. Stewart agreed, but first cleaned the gun and returned it to the trunk. Coleman drove to a fast-food restaurant and then to the apartment that Stewart shared with his mother. They ate in Stewart's bedroom and had a brief…