P.

P. v. Marquez CA6

Good Law
Court of Appeal of CaliforniaMay 22, 2013H038611California2,639 words

Opinion

Opinion

Elia, J.

Facts The facts are derived from the victim's preliminary hearing testimony on December 6, 2010. Appellant and the victim were involved in an "on and off" dating relationship beginning in late 2009. On a Friday in May 2010, appellant accused the victim of

1 "seeing other guys" and told her he did not want to see her anymore. The following day, after coming home from a bar, she entered her house to find appellant standing in her kitchen. She had not given appellant permission to enter her home. Appellant looked "irritated, pissed," and asked "where the fuck you been." When she approached him, appellant hit her on the face and she fell. He then began to kick and stomp on her, from her face down to her legs, while repeatedly asking how she could "do this to [him]" by going out with other guys. Eventually, the appellant stopped his assault to retrieve a text message that had appeared on the victim's phone. After reading the text message and demanding to know who had sent her the message, appellant became "even madder" and resumed hitting and stomping on her. After what seemed like an hour to an hour and a half, appellant stopped hitting her; she then she escaped to her…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.