People v. Aguilar CA1/5

I. FACTUAL AND PROCEDURAL BACKGROUND

The San Francisco District Attorney charged Aguilar by information with infliction of corporal injury upon a cohabitant (Pen. Code, § 273.5, subd. (a);1 counts one & three), assault by force likely to produce great bodily injury (§ 245, subd. (a)(4); count two), assault with a deadly weapon (§ 245, subd. (a)(1); count four), and criminal

Undesignated statutory references are to the Penal Code.

1 threats (§ 422; counts five & six).2 In connection with counts three and five, it was further alleged that Aguilar used a screwdriver as a deadly weapon (§ 12022, subd. (b)(1)). Prosecution Case M.R. lived with Aguilar from October 2011 until April 2013 at a hotel on Valencia Street in San Francisco. At trial, M.R. testified that she considered Aguilar “like [her] husband.” In June 2012, prior to the charged incidents, Aguilar argued with M.R. about money and tried to prevent her from leaving the hotel with a girlfriend. Aguilar, who had been drinking, pulled her jacket from behind and grabbed her hair. A witness saw Aguilar yanking on M.R.’s hair and called the police. M.R. appeared scared. When police officers arrived, M.R. was crying.…