People v. Dietz CA1/5

BACKGROUND

Rush was involved in a long-term tumultuous relationship with appellant, the father of three of her four children. Appellant owned a silver 2004 Toyota Sienna minivan and Rush owned a Chevy Avalanche truck, and both of them had a key to each vehicle. In 2009 or early 2010, Romero became their next-door neighbor. One of Rush’s daughters befriended Romero’s daughter, and Rush and Romero began a sexual relationship. Rush told appellant about the affair and they argued about it daily. On one occasion, Rush broke up an altercation between appellant and Romero outside of their apartment. On another, appellant screamed at Rush and banged on Romero’s door after he caught Rush surreptitiously leaving Romero’s apartment at 4:00 in the morning. In May 2010, Rush moved to appellant’s sister’s house for six weeks, but continued to see Romero. Rush and appellant reconciled and they moved to another apartment together, though Rush continued to see Romero. Several months after the move, Rush decided to end her affair with Romero and focus on her relationship with appellant. For the next six months or so, Romero texted Rush about once a month but they did not see each other. Rush told…