The People v. Boers CA3

BACKGROUND

Because this matter was resolved by plea, the facts are taken from the stipulated factual basis as detailed in the probation report. Defendant lived with his girlfriend, Vanessa G., and their young child. At approximately 2:00 a.m., he came into the home screaming at Vanessa. When she tried to leave, defendant grabbed Vanessa by the hair, dragged her across the room and threw her on the ground. He got on top of her and put a pillow on her face, trying to suffocate her. Vanessa fought back and attempted to leave again, but defendant again grabbed her by the hair and hit her several times. Their child witnessed the assault. Defendant threatened Vanessa if she contacted law enforcement, he would kill her and her entire family and that if he got in trouble he would take their daughter. When defendant fell asleep, Vanessa was able to leave the home with her child. A complaint charged defendant with false imprisonment by violence (Pen. Code, § 236),1 dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)), criminal threats (§ 422, subd. (a)), and battery (§ 243, subd. (e)(1)). Defendant pleaded guilty to false imprisonment by violence and misdemeanor counts of…