People v. Wilson CA3

BACKGROUND

In May 2022, while defendant was visiting his son and his son’s mother (mother) to celebrate the son’s fifth birthday, he spoke with another woman on the phone. Mother asked defendant to leave, and they began arguing. Defendant hit her in the face multiple times. She fell to the ground and defendant continued to hit and kick her while yelling obscenities. Mother asked defendant to allow their son to leave, but defendant said no and pushed her. She opened the front door but defendant told her she was not leaving and closed the door. Mother took the son into the bathroom. Defendant broke the door open and punched her again. Mother ran to the garage and opened the automatic garage door. Defendant tried to close the door while mother tried to keep it open. Defendant grabbed her but mother slipped away and ran to a neighbor’s house. The son followed her. Mother had black eyes, a concussion, bruised ribs, a cut above her eye that required stitches, and a laceration on top of her head. The jury found defendant not guilty of assault with a deadly weapon (§ 245, subd. (a)(1) -- count one) but guilty of simple assault as a lesser included offense (§ 240). It also found defendant…