The People v. Asencio CA2/6

STATEMENT OF FACTS

On October 25, 2011, appellant and Karem F. were living in an apartment with their five-year-old daughter Marianna. Appellant saw Karem packing some of her

1 All further undesignated statutory references are to the Penal Code. belongings and asked if she was moving in with another man. After Karem answered in the negative, appellant grabbed her and pushed her onto the bed. Appellant left the apartment later that evening. At about 2:00 a.m., Karem was awakened by appellant pulling "really hard" on her leg. Karem got up and hid her cell phone in the bed to prevent appellant from breaking it, as he had in the past. Appellant smelled of alcohol and called Karem a "cunt," a "slut," and a "whore," then forcefully "head-butt[ed]" her in the face. Marianna, who had been asleep in the bed next to Karem's, woke up and began crying. Appellant told Karem he had just been talking to a "homie" who was going to give appellant a gun the following day. Appellant repeatedly told Karem she would die if she ever left him. He got a hammer and told Karem he was going to tie her up and tape her mouth. Appellant said he would make Karem watch him hang Marianna from the door…