People v. Horton CA2/8

FACTS

Horton stayed off and on with Tiffany M. while visiting their preschool-aged son. On January 13, 2015, Horton dragged Tiffany across the floor by her hair, hit her in the head several times and strangled her until she nearly lost consciousness. Horton had been convicted of a domestic violence battery (§ 243) within seven years of the attack on Tiffany. The couple’s son was in the family home during the attack. Tiffany ran outside after the attack and called the Sheriff’s Department. Deputies responded to the scene and forced entry through the front door. They found Horton hiding under a bed with the couple’s son. While Horton was in the rear seat of the patrol car, he kicked out a window in the car. In January 2015, the People filed a felony complaint charging Horton with corporal injury of a cohabitant or child’s parent after a prior conviction for domestic violence (count 1; § 273.5, subd. (f)(2)); vandalism over $400 damage (count 2; § 594, subd. (a)); and misdemeanor child cruelty (count 3; § 273a, subd. (b)).

1 All further undesignated section references are to the Penal Code unless otherwise stated. 2 In People v. Cruz (1988) 44 Cal.3d 1247 (Cruz), the Supreme Court…