People v. Ochoa CA2/3

BACKGROUND

1. The prosecution’s case-in-chief. Sandra Sabatino (Sabatino) was appellant’s girlfriend. At the time of trial, she recanted earlier statements she had made with respect to appellant’s treatment of her in two previous and separate incidents of physical abuse. The prosecution proved its case in part by using her out-of-court and other prior inconsistent statements, as well as the trial testimony provided by several bystanders. a. Counts 10 & 11, offenses of false imprisonment by violence and battery on a girlfriend with the infliction of serious injury. At about 11:00 a.m. on January 6, 2012, eyewitnesses observed appellant arguing with Sabatino on a sidewalk. Eric Del Toro, a field technician for Verizon, observed appellant grab Sabatino by the arms. Sabatino resisted, yelling, “No, stop.” Appellant dragged Sabatino a couple of feet down the sidewalk while she yelled for appellant to let her go. Del Toro telephoned 9-1-1 and got out of his van. Sabatino had fallen to the ground and was covering her mouth with her hand. Appellant tried to pick her up, then walked away when Del Toro came closer. Sabatino had a bloody lip. Two neighbors saw appellant shoving and dragging…