People v. Halverson CA3

BACKGROUND

A T.O. met defendant in December 2007 and dated him “a couple times” in January 2008. The couple dated for less than a month, but they had a sexual relationship while they dated. T.O. fell in love with defendant, tattooed his name on her wedding ring finger, and at one point planned to live with him. She placed his name on the utilities for her home to help him establish residency. T.O. considered defendant her boyfriend, and defendant said he considered T.O. his girlfriend when they were together. T.O. “broke up” with defendant in 2008. Defendant called T.O. in 2009. At the time, T.O. believed someone was hacking into her e-mail account, intercepting her telephone calls and possibly breaking into her home. T.O. suspected defendant and his former girlfriend M.W. were responsible.

1 Undesignated statutory references are to the Evidence Code.

2 According to T.O., defendant said M.W. hacked into T.O.’s e-mail account and stole T.O.’s personal identification information. Defendant said he had evidence showing what M.W. did and he offered to show T.O. the evidence. T.O. agreed to let defendant help her. Defendant stayed with T.O. at her apartment for two nights. With…