People v. Manuel CA1/5

BACKGROUND

A.

Manuel’s conviction arose from an incident in February 2022 in which he assaulted his then-girlfriend at her residence. At the preliminary hearing, a deputy sheriff testified to out of court statements from the victim and her minor daughter describing what had happened. According to that testimony, the victim appeared disoriented and had blood running down her face from a head wound. She reported that she and Manuel had been arguing “due to his level of intoxication,” as he had been drinking all day. Manuel “became irate, threatened to kill a cat that was owned by the victim’s daughter, strangled the cat . . . and then threw it out of a window[,] and then continued to assault [the victim].” Her daughter reported that the couple had argued in the bathroom, where she saw Manuel bite her mother on the head. When the victim’s daughter attempted to intervene, Manuel kicked her away. The couple continued arguing, eventually moving outside, where Manuel struck the victim; threatened to kill her; put her in a headlock; and slammed her head into the pavement. After momentarily losing consciousness, the victim suffered a concussion and fractured ribs, requiring her to be…