People v. Sims CA2/8

FACTS AND PROCEDURAL HISTORY

This appeal focuses on the hostile message defendant left on M.R.’s telephone in which he threatened to break her window and “f[uck her] up.” However, to provide context, we discuss M.R.’s prior history with defendant. M.R. and defendant began dating in 2012, but had problems in their relationship almost from the outset. Defendant was controlling, threw tantrums, yelled, and threatened M.R. M.R. did not want defendant to move in with her, but defendant did as he pleased; he kept a car with his belongings parked at her home and even began receiving his mail at M.R.’s address. M.R. ended the relationship in July 2012, but defendant’s intimidating behavior continued. He stalked and threatened M.R. and, out of fear, she would accede to his demands, whether to allow him to enter or stay the night. Before M.R. ended the relationship, she became pregnant with defendant’s child, and in November 2012 gave birth. M.R. still did not feel safe around defendant, so did not want him living with her. However, because M.R. believed it was important for the

All statutory references are to the Penal Code. 2 child to know her father, she tried to be cordial and…