People v. Vizcarra CA4/3

FACTS

Vizcarra and Marisol Cervantes were in a relationship for over 10 years, but it was volatile. In September 2009, Vizcarra and Cervantes were at a party when one of Cervantes’s male colleagues kissed her on the cheek. Vizcarra threw his car keys at Cervantes and called her names, including a “hoe.” After Vizcarra and Cervantes left and got into the car, Vizcarra continued calling Cervantes names and accused her of infidelity. He hit her in the face with a closed fist. As they left the parking lot, one of Cervantes’s female colleagues asked why she was leaving. Vizcarra hit Cervantes again, giving her a bloody nose. Cervantes reported the incident to the Tustin Police Department. They had two children at the time. In December 2009, Vizcarra pleaded guilty to domestic violence (Pen. Code, § 273.5, subd. (a), all further statutory references are to the Pen. Code, unless otherwise indicated), and the trial court placed him on probation for three years. The probation terms prohibited Vizcarra from owning, using, or possessing a deadly or dangerous weapon or owning ammunition. Additionally, he could not have any communication with Cervantes, or come within 100 yards of her.…