People v. King CA2/8

FACTS

1. D.N.’s Testimony from the First Trial D.N. and appellant were friends, and D.N.’s daughter was appellant’s ex- girlfriend. Appellant was not D.N.’s boyfriend. At the time of the incident underlying appellant’s conviction, D.N. was taking Xanax, Lotrimin, and Risperdal. The medication helped her sleep because it prevented her from hearing voices. It did not affect her memory. On June 23, 2010, appellant knocked on her bedroom window because he wanted to watch a movie of a funeral. She let him inside. D.N. pretended to call her insurance agent to inquire how much money she would receive if she cashed in the life insurance

2 policies on her daughter and other family members in order to recover her jewelry from a pawn shop. D.N. did not actually speak to her insurance agent. When appellant heard D.N. suggest she would cash in her daughter’s life insurance policy, appellant repeatedly called D.N. a “mean old bitch.” D.N. asked appellant to leave, and he took her cell phone and keys against her will. Appellant then retrieved a butcher knife from D.N.’s kitchen and cut the cord to two of her televisions, telling her she did not deserve them. Appellant threatened to take D.N.’s…