People v. AlvarezAlvarez CA4/3

FACTS

In an amended information, the Orange County District Attorney charged that on March 17, 2010, defendant committed two acts of forcible rape (Pen. Code, § 261, subd. (a)(2)1 (counts one and two)), willful infliction of corporal injury on a coparent (§ 273.5, subd. (a), count three), and criminal threats (§ 422, count four), all against Teresa A. The information also alleged additional allegations and a number of enhancements, including the use of a cord and a knife as weapons in connection with counts one and two, the personal use of a deadly weapon on those counts, and the personal use of a deadly weapon (the cord) on count three. (§§ 667.61, subds. (b), (e)(4), 1192.7, 12022, 12022, subd. (b)(1), 12022.3, 12202.3, subd. (a).) At the first trial in this matter, at which the victim, Teresa, could fairly be termed a reluctant witness, Teresa testified that she and defendant had dated for almost six years. They had lived together with their young daughter until early in March 2010, when Teresa ended the relationship and defendant moved out of the apartment.

1 Subsequent statutory references are to the Penal Code unless otherwise indicated.

2 On March 17, 2010, when Teresa…