People v. Lazo CA2/4

BACKGROUND

Trial Evidence 1. January Incident The information alleged that on or between January 15 and January 18, 2013, defendant committed assault with a firearm (count 4), criminal threats (count 5), and used a firearm in both crimes. At trial, Norma S. testified that in the first week of 2013, appellant moved into the house she shared with her parents and her two children. One night in the middle of January, she and appellant argued over text messages on his phone. The next morning, Norma went looking for apartments for her and appellant to move into, and then went to work. In the evening, appellant became angry that she had not returned home earlier. He forced Norma into the bedroom closet and pointed a gun at her. He called her a whore, accused her of cheating, and said, “Don’t mess with me. You don’t know what I’m capable of doing.” He also said he was going to “kill everybody in the house,” including her father. Norma kneeled and pleaded with appellant and was able to calm him down. He placed the gun under the box spring of the bed, hugged Norma, and apologized. The gun was never found, and at trial, appellant testified that the gun was a toy. The jury convicted…