People v. Jimenez CA2/6

FACTS

N.R. was appellant’s girlfriend. She lived with him in his parent’s home. On April 30, 2022, N.R. and appellant had an argument. N.R. did not want to continue her relationship with appellant because “it wasn’t very healthy for” her daughter. Appellant became angry. It started to “get physical,” and they began to shove each other. N.R. wanted to leave but appellant told her not to. He took her car keys and her phone. Appellant grabbed N.R.’s wrists to prevent her from leaving and she spit at him. Appellant pushed N.R. down on a bed, got on top of her, and choked her. She was not able to breathe. N.R. confirmed that she felt “pain” as he was “choking” her. Appellant left scratch marks on her neck. He next grabbed N.R. by the hair, pulled her off the bed, and kicked her twice on the side of her stomach. The People charged appellant with corporal injury to a dating partner, assault with force likely to produce great bodily injury, and false imprisonment by violence. The People alleged a special allegation that he committed these crimes while he was out on bail for other offenses. (§ 12022,1, subd. (b).) He pled not guilty and denied the special allegation. After a jury trial,…