People v. Milosavljevic CA2/3

BACKGROUND

Viewed in accordance with the usual rules of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. a. Testimony of Danica Tomic. Danica Tomic testified she and defendant Milosavljevic are Serbian. They have been together for 15 years, and have been married for eight of those years. On September 16, 2013, Tomic was working in the front yard when Milosavljevic accused her of having met with their neighbor’s boyfriend. Milosavljevic was holding a crowbar, but he did not raise it or strike her with it. Tomic said she did not want to fight and went into the house to retrieve her wallet and keys. She was in the bedroom looking for her cell phone when Milosavljevic came in. He blocked the bedroom door and said she could not leave. Because he was holding the door handle to prevent her from leaving, Tomic got upset, scratched him and spit at him. She might also have bit him, but she could not recall. She testified that during this entire encounter Milosavljevic did not touch her. Without having found her cell phone, Tomic left the house and got into her car, intending to leave. Milosavljevic said he was…