People v. Hernandez-Newborn CA3

Good Law
Court of Appeal of CaliforniaOctober 18, 2022C095616California463 words

Opinion

Opinion

BACKGROUND

On April 18, 2021, defendant dragged his sleeping wife “Jane Doe” from bed by her hair, then began assaulting her. He punched her, slapped her, knocked her to the

1 floor, then repeatedly forced her up only to knock her down again. While she was on the floor, defendant stomped on Doe and “kneed her” in the face, causing her to see stars. At one point, while she was down, defendant repeatedly hit her with a remote control. After four hours, defendant stopped beating Doe, lay down next to her, and fell asleep; Doe fell asleep soon after. The next morning, Doe woke up and took the children down the street where she called 911. Doe reported defendant beat her, but refused medical help. Law enforcement officers went to their home and arrested defendant. Doe was taken to the hospital and her injuries were photographed. While in jail, defendant called Doe. Defendant apologized to Doe for assaulting her: “you shouldn’t even have to take none of that.” Doe told him her “face looks fuckin’ horrible.” Defendant apologized again: “I know it probably looks, looks worse now but I seen you this morning so I was just like what the fuck. Damn. I’m sorry though baby for real. I mean, I…

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