People v. Aponte CA4/1

STATEMENT OF FACTS

The victim in this case is Aponte's husband. They have been married over 24

years and have five children. The offense occurred on October 25, 2012, while Aponte

and her husband were attending various medical appointments. Among other things the

argument focused on Aponte's stated need to make more medical appointments for a

described condition. Her husband wanted proof of the new condition before making

more appointments. As the argument escalated, Aponte got out of the driver's seat and

into the back seat. When she got into the back seat, she rummaged through her purse and

took out a key chain with a canister of pepper spray on it. Aponte then said, "I got

your . . . proof right here." Pepper spray was then splashed off the dashboard and door

handle into her husband's face. Aponte then helped her husband get out of the car and

walked him to the curb. She then told him to find his own way home and drove off. Mr.

Aponte was able to call one of their sons and get a ride home.

2 Aponte was later arrested on an outstanding warrant and thereafter charged with

the current offense.

DISCUSSION

As we have previously noted, appellate…