Fortner

The issue in this case is whether the Monterey County Superior Court has territorial jurisdiction over criminal charges against petitioner Michael Fortner arising from alleged acts of domestic violence and mayhem that occurred in Hawaii. These counts are charged in an information that also charges Fortner with acts of domestic violence against the same victim in California more than a year later. The superior court overruled Fortner’s demurrer and denied his motion to dismiss. It found that it did have jurisdiction over the Hawaii offenses. Fortner seeks writ relief from the superior court’s denial of his motion to dismiss. We conclude that the superior court’s order is not supported by substantial evidence, and we grant relief.

I. Evidence at Preliminary Examination

Jane Doe and Fortner lived together in 2010. They argued in early 2010 after Doe learned that Fortner had utilized prostitutes in the past. There was no physical violence at that time. While they were on vacation in Hawaii in April 2010, Fortner called Doe “an ugly fat cow.” She asked him “if he thought that the hooker was better than me.” Fortner responded in the affirmative. He grabbed Doe’s phone and…