People v. Perez CA4/2

I. BACKGROUND

Early in the morning on November 4, 2012, the victim was hospitalized and

treated for a broken nose, as well as other, more minor injuries to her face. At the time,

defendant and the victim were living together as boyfriend and girlfriend. Later, at trial,

Further undesignated statutory references are to the Penal Code.

2 The trial court also imposed a consecutive sentence of one year and four months with respect to one count of possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a)), to which defendant pleaded guilty in a separate case No. RIF1209907. That case is not at issue in the present appeal.

2 the victim attributed her injuries to a slip and fall accident in the kitchen of a friend’s

house. While in the hospital, however, she had told a different story to a police officer.

According to the police officer’s testimony at trial, the victim told him that defendant had

punched her.

At trial, the victim attributed her statements to the police officer—which she

claimed not to remember making—to confusion arising from the alcohol she had been

drinking prior to being injured, together with subsequent blood loss, pain medication,…