PEOPLE v. LUETH

No. E053476.

206 Cal.App.4th 189 (2012)

141 Cal. Rptr. 3d 595

THE PEOPLE, Plaintiff and Respondent, v. ERIC PRESTON LUETH, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

May 22, 2012.


Attorney(s) appearing for the Case

James R. Bostwick, Jr. , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, and Ronald A. Jakob , Deputy Attorney General, for Plaintiff and Respondent.


OPINION

RICHLI, J.—

A 911 caller reported seeing defendant Eric Preston Lueth using a tire iron to hit a woman and to damage a vehicle. When the police arrived, defendant's girlfriend had a rapidly swelling bump on her forehead, and her Jeep was damaged. Defendant was bleeding from a cut on his head. The girlfriend refused to tell the police what had happened. At trial, however, she testified that defendant did hit her, but indoors, with his fist...

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