People v. Ramirez

Julio Ramirez (defendant) was separated from his wife, who had a restraining order against him. They saw each other one evening while at a bar, and she agreed to drive him to a restaurant. During the ride, Ramirez tried to reconcile with his wife, but she refused. Later that evening, Ramirez made several threatening calls to his wife and her new boyfriend before showing up to and entering her home uninvited. He punched his wife in the face several times and held a knife to her throat. She cut her finger trying to get away. Ramirez instructed his wife to call her boyfriend on the phone. She called 911 instead, and the dispatcher recorded Ramirez making death threats. Ramirez chased his wife into the bathroom and continued to threaten her with the knife until police arrived and arrested him. Ramirez was found guilty of second-degree assault and first-degree burglary, among other charges. The jury instruction on the burglary charge stated that a guilty verdict required a finding that Ramirez entered or remained in his wife’s home unlawfully and with the intent to commit a crime. Ramirez filed a motion for a new trial on the burglary conviction, arguing that the jury instructions failed to advise the jury that the intent to commit a crime must coexist with the moment of trespass. The trial court agreed and granted the motion. The state appealed.