People v. Herrera CA3

FACTS

Prosecution Case-in-Chief

Defendant met Ruby P. in 1994 when she was a freshman in high school. They are the parents of a son, Angel, born in 1996; and a daughter, Precious, born in 1999. From 1994 to 2003, defendant abused Ruby by making accusations of infidelity, exhibiting “controlling” behavior, striking her, pushing her into walls, and punching her with his hands. One night in July 2003 defendant came home drunk, demanded money from Ruby, and assaulted her when she refused. Defendant repeatedly struck Ruby’s face using his fist, stabbed her arm using scissors and a pocketknife, and struck her head using a chain. The head injuries required stitches. Defendant later pleaded no contest to causing corporal injury to a cohabitant. Defendant and Ruby separated for six years. After they reunited, defendant lived with Ruby and the children in Sacramento. But defendant was jealous and regularly accused Ruby of cheating on him. Defendant suffered from diabetes. In 2010, a portion of one leg became infected and was amputated. Thereafter, defendant walked with a prosthetic leg. He is blind in one eye and partially blind in the other. On December 26, 2012, defendant and a friend…