People v. Tooker CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

A. The Proceedings Leading to Tooker’s First Appeal The facts underlying Tooker’s convictions are recited in our October 2020 opinion. To summarize, Tooker committed several acts of domestic violence against M.A. while they were dating. After the relationship ended in 2013, Tooker began stalking her, and she obtained a restraining order against him. Around the same time the relationship ended, Tooker sustained a traumatic brain injury. In June 2016, Tooker went to M.A.’s house with a gun, in violation of the restraining order. He entered her backyard, where she was gardening, displayed the gun, and told her he was going to kill her. M.A., who was holding pruning shears, attempted to escape over the yard’s back gate. Tooker pulled her down, slammed her head into the ground, and, after a struggle, stabbed her with the pruning shears eight times in the back of her neck and head. He then began strangling her with his hands. Bystanders heard M.A. screaming for help, and two men entered her yard and were able to subdue Tooker. Tooker’s gun was located by the fence. M.A. was hospitalized for her injuries, which included stab wounds, bruising,…