People v. Leyva CA2/2

FACTS & PROCEDURAL BACKGROUND

In October 2012, defendant and Maribel C. (Maribel) were unmarried but involved in a romantic relationship; they had two young children together. On the evening of October 14, 2012, defendant—incensed that Maribel had accused him of sleeping with her sister—chased Maribel from their apartment, pushed her to the ground, and repeatedly kicked and punched her in the head and face. Defendant then dragged her 150 feet back toward their apartment, telling her, “Wait until I get you inside, I’m a kill your ass. Just watch.” These were not defendant’s first acts of violence against Maribel. Just over a year before, defendant had choked and punched a then-pregnant Maribel, and the criminal protective order arising from that prior incident was still in effect in October 2012. The People charged defendant with (1) corporal injury to the mother of defendant’s children (Pen. Code, § 273.5), (2) kidnapping (Pen. Code, § 207, subd. (a)), (3) making criminal threats (Pen. Code, § 422, subd. (a)), and (4) disobeying a criminal protective order (Pen. Code, § 166, subd. (a)(4)). A jury convicted defendant on all counts. The trial court sentenced defendant to eight…