People v. Rodriguez CA2/8

FACTS AND PROCEDURE

In November 2009, defendant lived with his fiancée Kristian M. and dated his girlfriend Sandra H. Defendant believed Kristian cheated on him with Duran and beginning in June 2009, defendant accused Kristian of the perceived misconduct. Starting in approximately September 2009, defendant called and sent texts to Duran’s fiancée Lisa A. warning her that Duran was “messing with” Kristian. These calls and texts were made from Duran’s cell phone, which defendant previously had stolen from Duran. Defendant called and texted numerous times, sometimes daily and sometimes more than once a day. In addition to Kristian and Lisa, defendant told Duran’s colleagues Manuel R. and Irma R. that Kristian and Duran were romantically involved. Defendant told Irma that he wanted to fight Duran so that everything would “be over.” On November 28, 2009, defendant went to the barber shop where Duran worked. Defendant invited Irma on date, telling her they needed to go out that day because “after no one will want to talk to me.” At defendant’s urging, Duran left the barber shop with defendant, who drove a grey Ford Focus he had borrowed from Sandra. Duran’s colleague Eric S. understood…