P.

FACTS

Burquez and Teresa Cummings had a turbulent six-year relationship. On October 10, 2010, they were living together in the same apartment. They were drinking at the beach, when they started to argue. Burquez hit Cummings with a newspaper. They

1 All statutory references are to the Penal Code unless otherwise specified. rode their bicycles home, and continued the argument in their apartment. Burquez left the apartment, and rode to a park. Cummings followed him to the park. Oxnard Police Officer Victor Boswell went to the park in response to a 911 call. Cummings told Boswell that she confronted Burquez outside a park restroom. Burquez punched Cummings in the eye with a closed fist. Cummings also had bruises on her arm. She said Burquez caused the bruises about a week prior to the incident. She said she did not call the police at that time because she was afraid of Burquez. Cummings recanted at trial. Cummings testified that when she arrived at the park, she began talking to a friend, Mario Rodriguez. Burquez overheard Rodriguez ask Cummings if she wanted to go out with him. Burquez and Rodriguez began to yell and push each other. Cummings stepped between the men to break up…