People v. Dailey CA5

FACTS

On April 13, 2021, defendant was napping at his house in a bedroom. C.V.2 was also in the house and her son was asleep in another bedroom. At approximately 8:15 p.m., C.V. woke defendant so they could eat dinner. He told C.V. he did not feel well, so she told him they could eat at home, rather than go out. During this conversation, defendant began attacking C.V., throwing a phone at her face that struck her on her right cheek. She testified she “ended up being on the bed where [she] was choked, hit, and ultimately,” defendant pointed a gun at C.V. “in close range.” She stated, “I was sitting on the bed letting him know I was not trying to fight him. He was standing from where I am, maybe, to the end of the desk. And he had [the gun] extended out, pointed towards my face/chest region.” Defendant chambered the gun, making C.V. believe he “could possibly shoot it.” C.V. testified she was scared that he might use the gun. C.V. wanted to exit the bedroom, but defendant then stood in front of the bedroom door and punched a hole through it. He told her that if she wanted to leave, she could. She stated, “[H]e was standing in front of the door as I was still sitting on the other…