People v. Fernandez CA3

FACTS AND PROCEEDINGS

Late one October night in 2011, Clorinda Rodriguez, defendant’s girlfriend, called 911. She reported defendant had beaten her up, broken a lamp on her head, dragged her through the house, and choked her. She was crying and upset during the call.

1 Officer Yul Alameda of the Sacramento Police Department went to Rodriguez’s residence to answer the domestic violence call. Alameda found Rodriguez standing outside the home she and defendant shared. Rodriguez reported she and defendant had been fighting about defendant’s drinking. They were yelling and defendant threw tequila bottles on the floor. Defendant followed Rodriguez into the bedroom, yelling at her. He pushed her against a cabinet and grabbed her by the neck, then grabbed a lamp off the cabinet and hit Rodriguez over the head with it. He pulled her to the ground by her hair and started choking her. Rodriguez screamed for her seven-year old-son, E. When E. came into the bedroom, defendant stopped choking Rodriguez. Defendant told E. to go back into the living room, then pushed Rodriguez into a closet, grabbed her by the hair and pulled her to the ground again. He dragged her by the hair across the floor…