People v. Yun CA2/2

FACTS

Prosecution Counts 2 and 3 In September 2013, defendant was living with his wife, Candice, and their four children in an apartment in West Hollywood. Defendant had recently been served with divorce papers. On the afternoon of September 4, 2013, Candice and defendant sat in their room on the bed, with the door closed, talking about how they were going to move forward with the divorce. Defendant insisted that they should not divorce, and that they could work out their problems. Candice replied that she had made up her mind to divorce, and she only wanted to discuss financial and living arrangements.

All further statutory references are to the Penal Code unless stated otherwise. Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).

2 When defendant continued to insist that they not divorce, Candice grew frustrated and tried to get up from the bed. Defendant grabbed her in a “bear hug” and pulled her down to his lap. Candice asked defendant to let go and tried to stand up again, but defendant pulled her down. Defendant continued to hold her across her chest. She tried to stand up five or six times but defendant would not release his grasp. When Candice…