People v. Rodriguez CA5

FACTS

Veronica Rios met appellant in 2011, and at some point thereafter appellant moved into Rios’s apartment where she lived with her two children.2 Appellant was

All statutory references are to the Penal Code. Our factual summary is taken from Rios’s testimony.

2 “with” Rios, but he “would go and come back,” leaving for one or two days before returning again. On July 23, 2012, at approximately 2:00 or 3:00 a.m., while Rios and appellant were in the living room of her apartment, appellant began “checking [Rios’s] phone” and asking her “who [she] was talking to[.]” Appellant got very angry and when Rios went into the bedroom she shared with appellant, appellant came in, told her she had to tell him who she had been talking to, and pulled out a gun that he had in the waist area of his pants. Rios was sitting on the floor. As appellant continued to demand Rios tell him who she had been talking to, he pointed the gun at her neck, mouth, forehead and stomach. He also put the gun in her mouth, touched her stomach and forehead with the gun and, with a twisting motion, pressed the gun into her neck. At some point, with the gun in one hand he struck her in the head with…