People v. Abarca CA2/8

FACTS

Angelica Ponce dated defendant for five years. On April 10, 2011, defendant came to Ponce’s apartment around 4:00 p.m., and they watched a movie together. While at Ponce’s apartment, defendant “casually” sipped one whiskey with water and ice, and ate two tacos. At 5:30 p.m., defendant and Ponce got ready to go out to dinner. They drove in defendant’s Chrysler to El Torito restaurant in La Palma. They were seated for dinner by 6:20 p.m. and they each ordered a margarita. Their drinks arrived within five minutes. They also ordered enchiladas and tortilla soup, which arrived at their table between 6:35 and 6:40 p.m. It took them 20 to 30 minutes to eat their meal, after which they ordered a second round of margaritas. They received their drinks around 7:15 or 7:20 p.m., and finished drinking by 7:50 p.m. Defendant paid the bill, and they left the

2 restaurant by 8:15 p.m. Ponce was slightly dizzy from the drinks. She lied at the preliminary hearing when she testified she was sober when leaving the restaurant. Defendant drove towards Ponce’s apartment, and they approached the complex within 10 minutes of leaving the restaurant. When defendant started to make a left turn to the…