Beltran

I. BACKGROUND

Defendant Tare Nicholas Beltran and Claire Joyce Tempongko met in November 1998 and began dating. In January 1999, defendant moved into the San Francisco apartment Tempongko shared with her nine-year-old son J.N. and her younger daughter. J.N. called defendant “dad.” In several incidents, defendant physically abused Tempongko. In April 1999, he threw her to the ground and dragged her by the hair. Three weeks later, he grabbed her and tried to remove her from a friend‟s apartment. In November 1999, he took her into the bedroom and barricaded the door. The police were summoned and forced the door open. At some point, defendant moved from the apartment but retained a key. Tempongko obtained a protective order requiring him to stay 100 yards away from the residence. In September 2000, defendant, who was drunk, was arrested outside of the apartment. Tempongko began dating Michael Houtz. She once told Houtz that defendant said their relationship would end over his dead body or hers. On October 22, 2000, Houtz, Tempongko and the children went shopping in Sacramento. When Tempongko received a call on her cell phone, J.N. answered, then handed the phone to his mother,…