California Court of Appeals, Fourth District, First Division
APPEAL from a judgment of the Superior Court of San Diego County, No. SCE317734 John M. Thompson, Judge.
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John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Karl T. Terp, Deputy Attorneys General, for Plaintiff and Respondent.
John Robert Beckemeyer appeals from a judgment convicting him of attempted murder and assault with a deadly weapon. The offenses occurred during an incident in which he assaulted a woman he had been dating (Linda Majka) and Majka's son (Craig Jakubiak). At sentencing, the trial court issued a 10-year protective order restraining defendant from having contact with Majka and Jakubiak. This postconviction protective order is authorized in domestic violence cases pursuant to Penal Code section 136.2, subdivision (i)(1). Defendant asserts the protective order must be stricken as to Jakubiak because Jakubiak (unlike Majka) does not qualify as a domestic violence victim. We conclude the statute encompasses a person, like Jakubiak, who was actually assaulted during the domestic violence incident, and who accordingly meets the broad definition of "victim" set forth in the statutory scheme.
FACTUAL AND PROCEDURAL BACKGROUND
Defendant and Majka started dating in December 2011, but on January 8, 2012 Majka ended the relationship because defendant was "extremely controlling and jealous." Majka did not allow defendant to come to her house anymore. However, about 6:30 a.m. on January 14, 2012, defendant entered Majka's residence and confronted her while she was in her bathroom. Majka told defendant to leave, but defendant did not comply. Defendant hit Majka in the head with his fist, knocked her down, sat on top of her, pulled hair out of
her head, repeatedly banged her head on the floor, and tried to choke her. Defendant was saying. " 'If I can't have you, nobody's going to want you.' "
Majka's adult son (Jakubiak), who had been sleeping in a back bedroom, arrived at the bathroom and told defendant he had called 911. Defendant then "went after" Jakubiak. Defendant hit Jakubiak and knocked him down; got on top of him; punched him; grabbed Jakubiak's cane and repeatedly hit him with the cane; and took a rock and repeatedly hit him with the rock. Defendant also pulled a rubber stopper off the bottom of the cane, and tried to stab Jakubiak with the sharp, metal "jagged ...