People v. Acuna CA2/8

FACTS

The victim, Regina V., did not testify at trial. Instead, the jury heard her August 14, 2012 preliminary hearing testimony, as follows. On June 29, 2012, she was at the apartment where defendant, defendant’s mother, and defendant’s brother lived. She and defendant had a two-month-old child together. They had been romantically involved for less than a year. Regina V. did not want to testify against defendant. On June 29, 2012, the police arrived at the apartment. Regina V. denied calling the police, and denied calling her friend Kelliann Stephenson to ask for help. Before

All further statutory references are to the Penal Code unless otherwise indicated. Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).

2 police arrived, Regina V. and defendant were getting ready to leave to “do some stuff for [their] baby, because she was coming home.” Regina V. denied that defendant yelled at her, or that the two of them fought that day. Regina V. admitted that she had many bruises on her body and arms, claiming she had been involved in a fight with someone else. Regina V. denied telling responding officers she lived with defendant, or that she was involved in a…