People v. Chilcote CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

Chilcote and his girlfriend, Cassandra Schaffner, lived together in an apartment.

On May 3, 2014, Chilcote, Schaffner and two friends were drinking and smoking

marijuana throughout the day and evening. Schaffner became very intoxicated, and as a

result she fell down several times, scraping her knees and hitting the back of her head on

the bathtub.

After their friends left for the evening, Chilcote and Schaffner got into an

argument about Chilcote's sexual comments to Schaffner's friend. As Schaffner later told

a police officer and testified at the preliminary hearing,2 Chilcote started to get physical

with her during the argument. Schaffner tried to leave the apartment, but Chilcote would

not let her. Schaffner eventually convinced Chilcote to let her go outside to smoke a

Unless otherwise indicated, all further statutory references are to the Penal Code.

Schaffner was not available during trial, and her preliminary hearing testimony was accordingly read to the jury. 2 cigarette, and when she got outside she started running. Chilcote grabbed her by the neck

or arm and dragged her back inside the…