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Criminal Law keyed to Dripps
People v. Lovos
Citation:
2012 WL 4099189, Court of Appeal, Second District, Division 2, California.Facts
Appellant lived with his wife Silvia and two sons, Esteban and Favio. On September 21, 2010, Silvia came home from work to find appellant and Esteban outside their apartment. Appellant smelled like alcohol and the couple got into an argument, during which appellant accused Silvia of having an affair. The appellant had allegedly made similar false accusations of infidelity in the past. Silvia went inside the apartment and locked the door. Silvia ignored his knocking, but ten minutes later noticed him standing inside the front door with a knife. Appellant stabbed her twice in the stomach and attempted to stab her more times, but she put up her hands to defend herself. Silvia eventually ran outside and got help. She required emergency surgery and a four-day hospital stay. Esteban was not present at the time of the attack. In his defense, appellant testified that he saw someone exit the apartment and that Silvia had grabbed a knife when he confronted her about having an affair.
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Topic Resources
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Theories of Punishment