Lopez

Facts and Procedural History Respondent, a practicing attorney, was Sirena Zavala's boyfriend. They lived in Zavala's house. On September 16, 2011, Deputy Aaron Scheller interviewed Sirena Zavala. Zavala stated as follows: During an argument with respondent the previous day, she asked him to move out. Respondent grabbed Zavala by the throat and started choking her. Zavala said that she would stay with respondent, and he "let go." Zavala walked into the bedroom and sat on the bed. She was crying. Respondent asked her "if they were okay." Zavala responded that "they were not okay." Respondent "pulled her head out of her elbows where she was crying and brandished a silver handgun revolver in his right hand." Respondent said, "I told you if you were ever going to leave me, I will shoot you and shoot myself." Respondent inserted a single bullet into

2 Appellant agreed to a bifurcated court trail on the "on bail" enhancement. (§ 12022.1.) The court trial did not occur because the court dismissed count 7.

2 the revolver's cylinder. He cocked the revolver and put the muzzle against his temple. Zavala pleaded with him not to fire the weapon. Respondent repeatedly pointed…