People v. Martinez CA1/3

BACKGROUND

We recount the facts based on the preliminary hearing transcript, which the parties stipulated provided the factual basis for Martinez’s plea. Martinez is Jane Doe’s ex-boyfriend and the father of her youngest child. In April 2019, Martinez came to Doe’s house late at night, while the children were asleep, and accused her of dating other men. Martinez searched the house and threatened to kill Doe. The commotion woke the children. Martinez took Doe’s cell phone and barricaded the front door with furniture “so no one could leave.” As Doe’s 12-year-old daughter watched, Martinez put Doe in a headlock and held a metal “[s]amurai sword” close to Doe’s face. He also grabbed Doe by the hair, dragged her around the house, and predicted “ ‘[e]veryone might die tonight.’ ” Believing Martinez was going to kill her, Doe bid her children farewell and asked her daughter to get help. During the ordeal, Doe tried to placate Martinez by sitting on his lap and giving him physical affection. In response, Martinez removed Doe’s pants and underwear and inserted his penis into her vagina. Doe did not want to have sexual intercourse with Martinez; she acquiesced to “protect her life.”…