P.

FACTS

On the morning of January 4, 2010, appellant and his friend Chai See2 went fishing. While fishing, appellant drank two “Smirnoffs.” Afterwards, they went to Chai‟s house where appellant‟s wife Emee, the victim in this case, and others joined them. According to Chai, appellant appeared drunk by the time he and Emee left. Appellant and Emee arrived home sometime around 9:00 p.m. and began arguing. The argument was in English. During the argument, Emee called the police. Visalia Police Officers Robert Gilson, Daniel Roberts, and Steve Howerton were dispatched to the disturbance call at 10:37 p.m. and arrived shortly thereafter. Upon arriving at the residence, the officers spoke to both appellant and Emee as well as other family members and learned that the disturbance was verbal only. There was no allegation of violence between the two. Emee and appellant continued to argue after the officers‟ arrival. Officer Roberts testified that Emee was upset because appellant had told her to leave their home and that she was no longer welcome there. He spoke to Emee and tried to diffuse the situation.

2Due to the large number of witnesses with the same last name, we will refer to…