People v. McCorckle CA3

FACTS

Prosecution Case-in-Chief Carrie had known defendant since high school. They began dating eight years later, in 2001, when Carrie already had two children, then six-year-old Maria and three- year-old Steven. Although defendant was not the biological father of either child, they both considered him a father figure for the seven or eight years that he and their mother were together. The couple lived together in several places but they never married. Carrie knew defendant to have a temper, and the two sometimes would yell at one another. Their problems escalated in 2005 when she thought he was cheating on her. When she confronted him he choked her, slapped her, and threw her on the ground. At the time, she did not report the incident to the police because she was not prepared to leave him and did not want to get him in trouble. Though periodically he would throw things at her or spit in her face, she simply “respected” the fact that he had a “temperament issue.” Between August 2008 and January 2009 Carrie‟s relationship with defendant became on again, off again. In 2008 she learned that he was still cheating on her. She moved out once or twice. During an incident in January…