People v. Garcia CA4/3

FACTS

Months, Weeks and Days Prior to Murder According to a police officer, the previous June 19, 2010, defendant told officers “he had received an anonymous phone call stating that his wife might be seeing another man. He got home from work and said that he — she and him had a conversation about their relationship and this accusation that she might be seeing another man.” Defendant admitted putting a pillow over his wife’s head at that time, and that he prevented her from leaving when she attempted to leave. After that, “the defendant had a restraining order against him.” Defendant telephoned Adriana “every five minutes.” At one point, Adriana moved into her brother and sister-in-law’s home. While staying there, defendant came to the home “screaming saying foul language.” After some period, Adriana moved back to her own home and lived with defendant, but there was an occasion where she came to her brother and sister-in-law’s home with bruises. Adriana’s brother changed all the locks in her home several weeks prior to her murder. Adriana did not give a key for the new locks to defendant. After the restraining order was in effect, defendant lived with his brother. Defendant’s…