People v. Mims CA3

BACKGROUND

On May 3, 2013, the Sutter County District Attorney filed a four-count information alleging that defendant committed the following offenses: (1) attempting to prevent or dissuade a victim, with an expressed or implied threat of force of violence, from making any report to a peace officer (§ 136.1, subd. (c)(1); count 1); (2) corporal injury to a cohabitant (§ 273.5, former subd. (a); count 2); (3) false imprisonment (§§ 236/237; count 3); and (4) misdemeanor unlawful entry into a residence (§ 602.5, subd. (b); count 4). The information also alleged that defendant had prior felony and prior serious felony convictions (§§ 667.5, subds. (a)-(b), (e)-(1); 1170.7, subd. (c)), and had served two prior prison terms. (§ 667.5, subd. (b).) The trial court dismissed count 4 before trial. A jury trial began on June 25, 2013. During the trial, the victim, Samantha M., testified that she met defendant approximately two weeks before the events leading to the charges against him. They immediately commenced a dating relationship, which included sexual relations. According to Samantha, defendant lived in the Yuba City home she shared with her mother and brother, “[t]he whole entire…