People v. Maciel

Opinion

GRIGNON, J.

Defendant and appellant Martin Maciel appeals from a judgment after a jury trial in which he was convicted of attempted spousal rape (Pen. Code, §§ 664, 262, subd. (a)(1)), criminal threats (Pen. Code, § 422), and other offenses, arising out of an attack on his estranged wife. On the night in question, defendant lay in wait outside the house of his estranged wife. When she returned home, he struck her repeatedly, forced her into the house, shoved her onto the bed, ripped off her clothing, and held a pillow over her mouth. He threatened to rape, then kill her. Eventually, she…