People v. Navarro CA6

I. Statement of Facts

A. Prosecution Case Jane Doe, defendant’s wife, testified that on January 12, 2012, defendant called her from jail early in the morning and asked her to pick him up. Doe initially testified that she told him that she would not pick him up and that he was in violation of a restraining order. However, she later testified that she lied to defendant and told him that she had presents for him and that she and Lilliana Guerrero would pick him up. She did not mention the restraining order to him.2 Doe also testified that she did not pick up defendant from jail. Doe testified that she did not call Guerrero after defendant called her on January 12, 2012. However, Doe also testified that she called Guerrero and left a message in which she asked her to pick defendant up from jail. Doe denied telling Guerrero that she was going to get defendant “locked up.”

2 A tape recording of the telephone call from jail between defendant and Doe was played for the jury. 2 Doe testified that defendant knocked on her door between 1:30 p.m. and 2:00 p.m. on January 12, 2012, and she asked him, “What are you doing here?” When defendant walked in, she told him to leave because she was…