People v. Abrego
California Court of Appeal
21 Cal. App. 4th 133 (1993)
- Written by Haley Gintis, JD
Facts
On September 25, 1993, Jose Luis Abrego (defendant) arrived at Ester Abrego’s home. Abrego and Ester were legally married but living separately at the time. Ester let Abrego inside the home. Once inside, Abrego began shouting obscenities at Ester. Abrego then began slapping and punching Ester in the face and head. Leonardo Gonzales was at Ester’s home during the encounter. After Gonzales told Abrego to leave, Abrego kicked him in the hip. Abrego eventually left. On his way out, Abrego threw a rock through the window. An investigating officer arrived at the scene. Ester told the officer that she was in pain and felt tenderness in the area where Abrego had struck her. However, the investigating officer did not observe any injuries. Later that day, Abrego made a threatening phone call to Ester. The State of California (plaintiff) prosecuted Abrego for the attack. During the trial, Ester testified that she had not been injured by Abrego and did not feel any pain from the assault. Abrego was convicted of spousal abuse. Abrego appealed on the ground that the assault did not constitute a corporal injury resulting in a traumatic condition, as required by the spousal-abuse statute.
Rule of Law
Issue
Holding and Reasoning (Dabney, J.)
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