People v. Simmons CA3

BACKGROUND

We take the facts of defendant’s commitment offense from our prior opinion affirming his conviction (People v. Simmons (Dec. 1, 2000, C033514) [nonpub. opn.]); see People v. Guilford (2014) 228 Cal.App.4th 651, 660-661 [prior appellate opinion admissible to prove ineligibility in section 1170.126 proceeding]). In 1998, defendant attacked the victim, his wife, in their mobile home. He held her down and bit her arms and abdomen. He called her a bitch and told her she was lazy and a lousy mother. The victim convinced defendant she needed to use the restroom. Once in the restroom, she tried to escape through the bathroom window, but she knocked a dish off of the toilet while climbing out. Defendant rushed into the bathroom, threw her to the floor and started stomping on her chest with his bare feet, telling her she was going to die. He scratched her face and threw her against the bathtub, leaving a knot on the back of her head. Defendant then picked up a stick and beat her on the buttocks. He left the bathroom, then returned with a butcher knife. He forced her to crawl into the living room while he held her hair. He held the knife to her neck. The couple’s daughter, who…