People v. Meza CA2/1

FACTS AND PROCEEDINGS BELOW

Defense counsel in opening argument did not dispute that appellant killed his wife, Jacqueline Mendez (Jackie) on May 5, 2011, but disputed his state of mind, arguing that the killing was the result of heat of passion or a sudden quarrel.

I. Prosecution Evidence

Appellant and Jackie were married a little over a year before he killed her. Jackie had two children from a prior marriage and she and appellant had a son, B.M. At first, they all lived together in the home of Jackie’s parents and her sister, Monica. While living with Jackie’s family, appellant was arrested on one occasion after grabbing and shoving Jackie. After appellant “got violent” and pushed Jackie’s father at a family party, appellant and Jackie moved out of the family home and moved with the children into an apartment in the City of Palmdale.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 Appellant also argued in his opening brief that the assessments imposed against him were incorrect, but in his reply conceded that the assessments were correct.

2 Appellant became increasingly controlling of Jackie. Jackie told Monica she was visiting…