People v. Terra CA3

BACKGROUND

We take the facts of defendant’s current offense from the order denying the petition for resentencing, which quotes our opinion affirming his conviction (Feb. 5 2013,

C040088.)

“ ‘On May 1, 2001, defendant’s wife, Gayle Spano-Terra was home with defendant. . . . Spano-Terra is an alcoholic and drinks a bottle of wine every day. On this occasion, she had drunk a few glasses of wine. “ ‘At approximately 2:00 a.m., Spano-Terra called defendant’s brother, Gary Terra, and told him defendant had hit her and was trying to choke her. Spano-Terra was yelling and screaming but did not sound like she was drunk. Gary Terra heard defendant say, “Give me the phone” and then the line went dead. Gary Terra called 9-1-1. “ ‘Several Sacramento County deputy sheriffs, including Anthony Saika, responded to the call and arrived at the residence around 2:30 a.m. Saika heard a male voice inside the residence yelling in an aggressive manner. Saika knocked on the door several times but no one responded. The officers gained entry by cutting the screen and unlocking the door. “ ‘The officers announced their presence and Spano-Terra emerged from the back bedroom saying, “ ‘I fell, I fell, I…