People v. Lopez-Ortuno CA5

STATEMENT OF FACTS

Elizabeth G. started dating defendant in or around 2016. Approximately five months after the relationship began, the two began “fighting a lot”; on one occasion, he choked her. In 2017, defendant discovered a message on Elizabeth’s phone from a male friend. Under the pretense of going out to dinner, he drove her to a field, took out a knife, and

3 The court imposed 25 years to life for the second section 12022.53, subdivision (d) enhancement on count 5 but stayed execution thereof pursuant to section 654. It also imposed punishment on the remaining counts but likewise stayed execution thereof pursuant to section 654.

3. threatened to kill either her or her friend. Per defendant’s directions, Elizabeth messaged her friend. Thereafter, defendant was pacified. In July 2018, Elizabeth and defendant started arguing at a restaurant. After they returned home, they went to the bedroom. There, defendant took out a knife and told Elizabeth to “shut up or he was going to stick the knife in [her].” When one of Elizabeth’s daughters entered the room, defendant concealed the knife. That same day, Elizabeth took a pregnancy test and confirmed she was pregnant with…