People v. Rivera CA3

BACKGROUND

Defendant and Yazmin lived together off and on for about six and a half years, sometimes at his parents’ house, sometimes at her parents’ house, and briefly in their own apartment. But for most of the six months prior to the crimes, Yazmin and the couple’s two young daughters lived with her parents, and defendant lived with his parents. Nonetheless, Yazmin’s father testified that he knew defendant would be staying with Yazmin and the girls while the father and his wife spent three weeks in Mexico. Defendant kept clothes, shoes and a blanket in the house and returned there each day after work while Yazmin’s parents were gone. Yazmin had a key to the house but defendant did not. She left the back door open for him and she sometimes left a key under the doormat. A week before the crimes, Yazmin told defendant to leave. But she let him return after a day or two. On the day of the crimes, Yazmin was upset because she suspected that defendant had sexual contact with another woman. She confronted him and they fought. At the preliminary hearing, Yazmin testified that defendant choked her, hit her and shoved her against a wall. She said she grabbed a kitchen knife and…