People v. Andrades CA2/8

FACTS AND PROCEDURE

The case against appellant arises from events at his family home on December 25, 2013. Police were called to the home three times on December 25. Appellant lived in the home with his sister Mendez, her husband Jorge Alberto, appellant’s girlfriend “Gina,” and other family members. On December 24, they had a family gathering, which also included appellant’s mother Ana Mendez (Ana). Many of them were drinking alcohol. Mendez started drinking at approximately 5:00 p.m. on December 24 and only slept for a few hours around 5:00 a.m. on December 25. She awoke around 7:00 a.m. Mendez was intoxicated that morning. She probably drank more than 12 beers between 5:00 p.m. and 5:00 a.m., and she drank two beers mixed with tomato juice after waking up. Mendez called 911 at approximately 8:00 a.m. on December 25 because appellant and Gina were arguing, and appellant was so upset that Mendez thought he would hit Gina. Appellant became upset with Mendez for calling 911 because he said Gina had problems with the police. The Los Angeles County Sheriff’s Deputies arrived and stayed for 10 to 15 minutes but did not write a report because “it was just an argument” or family…