People v. Villalobos CA4/1

FACTS

Maria de Jesus Villalobos (Maria) lives with her family in Westmorland,

California. Villalobos is her son. In early 2014, Villalobos became angry with his sister

Sandra because she was making noise in the kitchen. Villalobos called Sandra insulting

Further statutory references are to the Penal Code.

Villalobos does not challenge any other aspect of the judgment, including his convictions for resisting a peace officer and vandalism. 2 names and broke a potted plant. When Villalobos is angry, he sometimes picks up a

kitchen knife. Villalobos said "fuck your mother" and "I hope you die." The next month,

Villalobos became angry with Maria because she told him to stop making telephone calls

to Mexico. Villalobos threw the telephone to the ground, breaking it. Shortly afterwards,

Maria obtained a temporary restraining order against him. The restraining order required

Villalobos to move out of Maria's house. It also required him to stay 100 yards away

from Maria and her house.

Several days later, Maria returned from an early morning walk and noticed

Villalobos lying on the ground behind her house. At some point, Maria also saw him

leaving her house…