People v. Corona CA3

BACKGROUND

At the time of the crimes, defendant lived in Pollock Pines with his girlfriend and her five children. Their baby was due any day. The girlfriend said defendant became increasingly upset that evening starting around 6:00 p.m., first yelling at one of the children and later cursing at her and throwing things. Defendant told her several times that he wanted to go back to Fresno, but they had no car. The girlfriend suggested he take a walk and return when he was calm. She did not see defendant drinking that day, but she thought he probably drank more than a bottle of wine and other liquor during the afternoon and evening. Dorothy and Rene Van Asten lived on the same street as defendant, but they had never met him. At around 7:30 p.m., the Van Astens were watching television when defendant walked into their house and said, “I want your car keys, and I don’t want to hurt you, but I have two guns in my back pocket, a .38 and a .45, and I’m ready to use them if I have to.” Defendant said he had just come from “up the street” where he had punched out a window and hurt his girlfriend. His knuckles were bloody and he acknowledged throwing something at his girlfriend, but he…