People v. Pacheco CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Pacheco Is Charged On October 9, 2012, the Monterey County District Attorney filed an information charging Pacheco with infliction of corporal injury on a cohabitant/parent of child (§ 273.5, subd. (a), count 1); assault by force likely to produce great bodily injury (§ 245, subd. (a)(4), count 2), false imprisonment by violence (§ 236, count 3); dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1), count 4); child endangerment (§ 273a, subd. (a), count 5); possession of ammunition by a felon (§ 30305, subd. (a)(1), count 6); and possession of a firearm by a felon (§ 29800, subd. (a)(1), count 7). The information alleged that Pacheco had a prior strike conviction (§ 1170.12, subd. (c)(1)). B. Evidence Adduced at Trial Pacheco was tried before a jury in December 2012. 1. Jane Doe Jane Doe testified that she used to date Pacheco with whom she has two daughters, aged two-and-a-half and one-and-a-half. Doe began dating Pacheco in September 2009 and got pregnant shortly thereafter. In April 2010, Doe moved into a home in Salinas that Pacheco shared with a number of family members and renters. Doe testified that…