People v. Reyes CA5

INTRODUCTION

A jury convicted appellant Oscar Reyes of battery on a spouse or cohabitor (Pen. Code, § 273.5, subd. (a); count II) and intimidating a witness and/or victim (Pen. Code, § 136.1, subds. (a), (b); count III).1 In April 2020, the trial court suspended imposition of sentence and it placed him on formal probation for three years under various terms and conditions. Appellant seeks reversal of his judgment, raising claims involving alleged evidentiary and instructional errors. We reject his arguments and affirm.

BACKGROUND

Appellant and the victim in this matter have two minor children in common. They were residing together as a family when the domestic violence charged in this matter occurred.

I. Appellant Is Arrested Following An Incident Of Domestic Violence.

On September 14, 2019, the victim in this matter called 911. That call was recorded and it was played for the jury. In the call, the victim reported that appellant had hit her. That same night two police officers, Lopez and Armstrong, responded to appellant and the victim’s residence. Lopez interviewed the victim outside.2 The victim had a cut and swelling to the top of her left eyebrow. She seemed panicked…