P. v. Moultrie CA5
Appellant and D.V. began dating in April 2016. Throughout their relationship they have lived together intermittently and separated on numerous occasions.
In April 2017, appellant was convicted for felony domestic violence against D.V. (§ 273.5, subd. (a)). Appellant served time in prison for the conviction and was released approximately three weeks before committing the instant offenses.
On September 24, 2018, around 2:00 a.m., D.V. called 911 and reported appellant assaulted her and stole her cell phone and purse. Responding officers observed D.V. had multiple lumps and a bloody abrasion on her head and a scrape on her ankle.
At trial, D.V. testified appellant did not assault her. She claimed she received her injuries during a fight at a nearby park while she was drunk. She also claimed she could not remember much from that day due to her alcohol and marijuana use.
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