People v. Pleasant CA5

Background At the time of trial, Michelle Turner had known appellant for approximately 23 years.3 She had been married to his brother. She had not seen appellant in approximately 10 years, when, in February 2012, he came to her door. Appellant’s mother had recently died, and Turner, in an effort to “be a friend,” at first allowed him to stay with her.

All statutory references are to the Penal Code. Because appellant’s contention on appeal relates only to the sentence imposed on his battery and false imprisonment convictions, we limit our factual summary, for the most part, to those offenses. Except as otherwise indicated, our factual summary is taken from Turner’s testimony.

2 However, appellant “just more or less took over [her] house,” became “possessive” and “[c]ontrolling,” and, although she told him several times he could not stay with her, he “[j]ust would not leave.” Battery Resulting in Infliction of Serious Bodily Injury On one occasion, appellant pushed Turner “[h]ard enough” to cause her to fall. When she fell, she hit her knee on the rail of a bed, cutting her knee so deep “[y]ou could see the bone.” The wound required 22 stitches. According to…