People v. Hachee CA5

INTRODUCTION

Defendant Caroline Anne Hachee lived with M.H. and, after assaulting him, a jury convicted her of inflicting corporal injury on a cohabitant or person with whom she had a dating relationship and other charges. Defendant argues that the evidence established that she was M.H.’s roommate but was insufficient to establish a substantial relationship manifested by permanence and sexual intimacy within the meaning of the term “cohabitant.” We affirm.

PROCEDURAL BACKGROUND

The District Attorney of Fresno County charged defendant on September 14, 2022, with second degree robbery (Pen. Code,1 § 211; count 1), corporal injury to a cohabitant or person in a dating relationship2 (§ 273.5, subd. (a); count 2), resisting an executive officer (§ 69; count 3), and resisting a peace officer or emergency medical technician (§ 148, subd. (a)(1); count 4). Defendant pleaded not guilty. The jury convicted defendant of counts 2 through 4 but acquitted her of count 1 on March 30, 2023, after a five-day trial. At the sentencing hearing on April 28, 2023, the trial court suspended imposition of sentence and admitted defendant to concurrent probation terms of three years as to count 2 and…