People v. McIntyre CA2/2

FACTS

Prosecution Case Incidents on September 25-26, 2011 In June 2011, Denise P. (Denise) began dating appellant. The relationship lasted approximately three months until Denise ended it when she found out appellant was married. Denise told appellant to stop contacting her but he continued to leave voicemails and send her text messages. On the evening of September 25, 2011, appellant appeared outside Denise’s apartment. He was cursing and yelling and managed to open the screen door because it was unlocked. Denise attempted to close the door and ended up tussling with appellant.

All further statutory references are to the Penal Code unless otherwise indicated.

Appellant was found not guilty of arson (count 2), assault with a firearm (counts 4 & 6), attempted murder (count 5), criminal threats (count 7), and vandalism (count 9). 2 Appellant grabbed Denise by the shoulders and shook her “back and forth.” Denise fell back against a wall and injured her back. Appellant slapped Denise as she tried to get up. Denise’s cousin, Tera Wright (Wright), who lived close by, heard Denise “hollering for help.” Wright went to help Denise, and Wright’s husband escorted appellant…