The People v. Garcia CA2/8

FACTS

Garcia was charged in an information dated July 7, 2011, with making criminal threats in violation of Penal Code section 422 (count 1),1 inflicting corporal injury to spouse/cohabitant/child’s parent in violation of section 273.5, subdivision (a) (count 2), kidnapping in violation of section 207, subdivision (a) (count 3) and committing second degree robbery in violation of section 211 (count 4). The information further alleged that as to all counts, Garcia suffered prior convictions pursuant to sections 667, subdivisions (b) through (i), 667.5, subdivision (b) and 1170.12, subdivisions (a) through (d). As to counts 1, 3 and 4, the information alleged that Garcia had suffered prior convictions of a serious felony pursuant to section 667, subdivision (a)(1). A jury trial commenced on February 22, 2012. At trial, the prosecution presented evidence that Garcia assaulted and threatened Jane Doe, with whom he had a six-year relationship. Doe was reluctant to testify against Garcia, stating, “I’m afraid something can happen. I don’t want anyone to get in trouble.” Indeed, Doe had previously told police that she did not want to prosecute, indicating that she was frightened that…