People v. Lacerda CA6

I. BACKGROUND

The charges in case No. C2013908 arose from seven separate incidents between August 2020 and February 2021. We briefly summarize the trial testimony regarding only two of the incidents, as the facts of the other five events are not directly relevant to the issues raised on appeal (although we note that they included acts of domestic violence).

A. THE AUGUST INCIDENT

According to evidence introduced at trial, defendant and his former girlfriend R.G. were arguing at a hotel. They left the hotel and had a conversation in the parking lot. Defendant asked R.G. to “ ‘take a drive up the mountain’ ” with him, but she refused, as the last time they had driven up the mountain together, defendant drove so fast that she thought he was trying to kill them both. She instead told defendant to leave her alone. As she began to drive away from the hotel, defendant told her, “ ‘watch, I’m gonna make sure I run you off the road and kill you.’ ” She initially thought “nothing of it” because defendant had “said it before” but “never did anything like that.” But defendant proceeded to follow her and drive his car into hers multiple times. She called 911 and

2 told the dispatcher…