People v. Rivera CA5

FACTS

I

PROSECUTION EVIDENCE

Rosemary Reclosado and defendant became a couple sometime in 1996, but she had stopped seeing him by April 1998.1 Reclosado met Sabala through defendant, but only saw Sabala when he was with defendant. On April 18, defendant telephoned Reclosado and left angry, threatening messages on her answering machine at various times during the day. At some point when defendant called, a male — whom Reclosado identified at trial as Todd Logan — answered the telephone. After Logan hung up, Reclosado had reason to believe defendant was coming over to her apartment, and that there was going to be a problem. She decided to leave, and got into a car containing Tina Garibay and another woman.

Undesignated dates in the statement of facts are to the year 1998.

2. Defendant suddenly appeared, pointed a gun at the people in the car, and got into the car himself. Garibay started driving around the block. Reclosado, who was scared and crying, told defendant she did not love him anymore. He started hitting her, despite the other women yelling at him to stop. At some point, defendant told Garibay to stop the car. Still carrying the gun, he got out with Reclosado.…