People v. Clements CA2/2

FACTS

Because of the nature of the issue on appeal, we provide a brief summary of the facts. In December 2012, D. B. and her three children, A., Ah., and T., lived with appellant. D.B. and appellant had a “rocky” relationship that involved “a lot of verbal abuse” and “a lot of threatening.” On December 14, 2012, D.B. paid appellant $50 for maintenance work he had done in the home. Appellant was lying down and D.B. placed the money on his side. Appellant told D.B. to “give the money to him like a woman.” D.B. did not know what appellant meant by that remark and left to go to work. D.B. returned home from work that night and went to bed at approximately 10:00 p.m. At some point after midnight on December 15, 2012, D.B. heard appellant enter the bedroom. Appellant had been drinking and told D.B. that if she ever threw money in his face he would “fuck [her] up.” Appellant told D.B. to repeat what he said and when she failed to do so he punched her on the left cheek. D.B. jumped out of bed and ran to

All statutory references shall be to the Penal Code unless otherwise noted. 2 the door. Appellant grabbed her shirt and ripped it. D.B. yelled, “You hit me.” A., D.B.’s…