P. v.Perger CA5

INTRODUCTION

Appellant Cameron Elliot Perger was found guilty, at the conclusion of a jury trial on May 16, 2013, of two counts of disobeying a domestic relations court order (Pen. Code, § 273.6, subd. (a), counts 9 & 10).1 Appellant was acquitted of eight other counts including: three counts of inflicting corporal injury on a spouse or a cohabitant (§ 273.5, subd. (a)), one count of assault by means likely to cause great bodily injury (§ 245, subd. (a)(4)), two counts of first degree burglary (§§ 459 & 460), and one count of dissuading a witness (§ 136.1).2 The trial court suspended imposition of sentence and placed appellant on probation for three years upon various terms and conditions, including that he spend 365 days in jail. Appellant was granted credit for 236 days already served. Appellant contends his convictions must be overturned because the evidence adduced at trial was insufficient to constitute a violation of the restraining order as alleged in counts 9 and 10.

FACTS

Appellant and Brooke Clarke began dating in April 2010 and a month later began living together. From the allegations in the information and the trial testimony, they had a tumultuous relationship. On…