People v. Villachana CA5

Facts Appellant was Tandy Martens’s boyfriend from August 2007 until approximately January 2011.1 On January 19, 2011, after getting off work at approximately 5:30 p.m., Martens drove home. Appellant was there when she arrived, and the two drove to a restaurant and purchased some take-out food. As they were driving home, appellant became “[v]erbally abusive” toward Martens. The verbal abuse continued when the couple returned home. At one point, appellant followed Martens into the bedroom, where he struck Martens with an open

Our factual summary of the instant offense is taken from Martens’s testimony at the preliminary hearing.

2 hand “really hard” on the side of the head. Appellant “kept hitting” Martens in the head and “kept spitting in [her] face.” Next, appellant pushed Martens down on the bed, got on top of her, put both his hands around her neck and choked her until she passed out. Eventually, Martens regained consciousness and ran to a neighbor’s house. Motion to Withdraw Plea On August 20, 2012, prior to entering his plea, appellant signed an “ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM FOR FELONIES” (plea waiver form). Later that day, in court, he stated, in…