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P. v. Vermillion CA4/2
APPEAL from the Superior Court of Riverside County. Mark E. Johnson, Judge. Affirmed as modified.
Thomas Owen, under appointment by the Court of Appeal, for Defendant and Appellant.
Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, and Arlene A. Sevidal and Andrew Mestman, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant Brian Cranston Vermillion and his wife (W.) got into an argument over whether she had engaged in a sex act with her then-boss some 15 to 30 years ago. The argument ended when W. ran out of the house and sought refuge with their next-door neighbors. At that point, she had a head wound, along with scratches, scrapes, and bruises over much of her body.
W. gave multiple accounts of what happened during the argument. Her statement to a police officer, that same night, was the most detailed — and the most incriminating of defendant. In it, she said that defendant beat and

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