P.
P. v. McFadden CA4/2
Opinion
Opinion
FACTS
The victim testified as follows: As of January 23, 2011, she had been defendant’s
cohabitating girlfriend for seven months. Sometime after noon, she was sitting on the
couch in the living room with defendant’s minor nephew when an acquaintance came to
the door, asking for a cigarette. She awoke defendant, who was sleeping in their
bedroom, and told him about the request. After the acquaintance left, defendant entered
the living room, grabbed the bowl of noodles she was holding and hit her on the back of
the head with it, breaking the bowl, while saying, “Bitch, you disrespected me.” The
victim responded with cussing. Defendant punched the victim from her face to her chest.
The victim got off the couch and defendant pulled her down the hallway to the bedroom
by her hair, pulling out her extensions, while continuing to punch her because she had
All further statutory references are to the Penal Code unless otherwise indicated.
2 tried to run away. The victim did not fight back, but pulled herself into the fetal position
after falling on the bed while defendant continued to punch her and pull her hair. The
victim rolled onto the other side of the bed and got…