People v. Kuks CA3

I. BACKGROUND

E.M. was in a long-distance relationship with defendant in 2022. On the evening of May 12, 2022, E.M. sent defendant a text message explaining she did not want to break her lease to move to Sacramento. E.M. testified that defendant called her and screamed at her. He called her derogatory names and told her that he deserved to be told this information in person. Later that evening, E.M. went to a soccer game with C.L. and told him about the situation. She returned home at about 10:30 p.m. Defendant arrived at E.M.’s house at around 2:30 in the morning. He entered by using his key. E.M. was lying in her bed.

2 The jury found defendant not guilty of assault with a deadly weapon on E.M. (count 2—§ 245, subd. (a)(1)) and making criminal threats against E.M. (count 3—§ 422).

2 E.M. testified that defendant pled with her to move in with him and then said he was moving in with her if she did not move in with him. E.M. asked him to leave. He fell onto her, put his hands on her neck, and strangled her. E.M. lost consciousness and defecated herself. When she regained consciousness, E.M. could not stand up because her leg was numb. Defendant dragged E.M. to the kitchen to get…