P.

BACKGROUND

Defendant and Martha Chavez were married and had a daughter who was born in 2002. Chavez’s family did not want her to be with defendant because he physically abused her. In 2003, defendant punched Chavez in the face, causing a cut and bruising. He was convicted of misdemeanor infliction of corporal injury on a spouse based upon that incident. Chavez continued to live with defendant after that incident because she felt she could not be without him. At one time, defendant lived with Chavez at 11172 Telfair Avenue in Pacoima, but as of at least May 2, 2004, defendant no longer lived in the home. (Undesignated dates pertain to 2004.) Chavez and her daughter continued to reside there with members of her family. On May 2, defendant picked up Chavez and their daughter and they went to a park. Defendant asked Chavez to get back together, but she refused, saying she could not be with him because her family was opposed. Chavez later told Los Angeles Police Department (LAPD) Detective Andrew Barkman that defendant said that if he could not have her, no one else could, and he was going to kill her. Chavez testified at trial that she did not take defendant’s statement seriously.…