People v. Mejia CA5

FACTS

The evidence at trial established that Rosaria Avalos was in a romantic relationship with Mejia for several years. On the morning of August 29, 2014, Mejia returned to Avalos’s house, having left the previous night after they argued about Mejia seeing other women. While the couple was outside barbecuing, Mejia became upset because there were no tortillas. Mejia then raised a 12-inch butcher knife over his head with the tip pointed towards Avalos, as if to stab her, and he threatened to kill her. Avalos stepped back, told him she was going to call the police, and called 911. Mejia replied that he did not care and that the police were not going to do anything. Mejia then went and sat down and waited for the police to arrive. Fresno Police Officer Marcus Gray arrived on the scene and found Mejia in an alley sitting on a cushion that covered a knife with the handle sticking out. Meanwhile, Avalos was interviewed by a Spanish-speaking officer. Avalos was visibly upset while speaking with the officer as she related the above details to him and told him she was afraid of Mejia. On January 7, 2015, the court sentenced Mejia to the aggravated prison term of three years on his…