Moore

This appeal involves a question of first impression: can a person cohabit with two different people at two different locations during the same period of time? The issue arises in a prosecution under Penal Code section 273.5, inflicting corporal injury on a cohabitant. We conclude that, for purposes of criminal liability under section 273.5, a person may cohabit simultaneously with two or more people at the same time. Thus, we affirm the judgment.

Factual and Procedural Background

On July 20, 1994, the Marin County District Attorney filed a 16-count information charging defendant Nelson Bevely Moore with a number of crimes committed against Karyn Barker over a 15-month period. Among other things, the information charged defendant with six counts of inflicting corporal injury on a cohabitant on six dates between March 27, 1993, and February 20, 1994. Three of these counts, occurring between August 7, 1993, and February 20, 1994, are at issue here. Defendant contends he did not “cohabit” with Barker during this period.

Karyn Barker and defendant met in July 1991. In September 1991, they began living together in Menlo Park. Around September 1992, they moved to Novato and…