People v. Alcantar CA5

FACTS

I

PROSECUTION EVIDENCE

The course of defendant’s 20-year relationship with Maria Teresa Alcantar (Teresa) was often rocky.2 When Hitzia (who was 23 at the time of trial) was about 13, she heard defendant screaming at Teresa and saw him push her onto the bed. When Hitzia told him to leave Teresa alone, defendant told her to leave. Hitzia left the room, but could hear her parents arguing and Teresa crying.

All statutory references are to the Penal Code. Maria Teresa Alcantar went by the name “Teresa.” For clarity, we refer to her by that name, and to her and defendant’s children (Pedro, Hitzia, Gladys, and Adrian) and grandchild (Marisol) by their first names. No disrespect is intended.

2. In 2007, Teresa was lying down because she had a toothache. When defendant got home from work, he was angry because there was no food. He started slapping Teresa. He hit her on the cheek; on the side “where the tooth was hurting.” When Hitzia got between them, defendant hit her, too. He pulled Teresa by the hair and put his hands around her neck and squeezed. Hitzia called 911 and defendant was arrested. Later that year, Hitzia was awakened by her parents’ arguing. She saw…