People v. Ortega CA2/1

BACKGROUND

On December 28, 2014, appellant and his sometime-girlfriend, Rose Escobar, 2 were traveling in Rose’s Honda Accord in Palmdale, Los Angeles. Rose drove as appellant talked on Rose’s phone. Rose suspected that appellant was receiving calls from a romantic rival named Vanessa, and she became upset with appellant. She told him to get out of her car and attempted to take her phone from him. Appellant would not release the phone and the two pulled it back and forth. Rose eventually retrieved the phone, and appellant hit her in the face several times. Rose stopped the car, got out, and left, telling appellant not to follow her. Appellant then drove away in Rose’s car. Rose was approached by a man named Armando Mejia, who offered assistance. Rose, screaming and crying, called her mother, Elvia Escobar. Rose told Elvia, who knew appellant and that appellant and Rose had dated, she felt appellant was going to kill her. Mejia gave Elvia directions to their location and Elvia, along with Rose’s father, Robert, and her brothers, Robert, Jr., and Henry, arrived several minutes later. Rose told

1 Unless otherwise specified, all references are to the Penal Code. 2 The Escobar family…