P.
P. v. Calderon CA6
Opinion
Opinion
Premo, J.
BACKGROUND
Defendant and the victim began dating in 2007. By January 2010, the victim was spending a couple of nights a week at defendant‟s apartment, which he shared with his mother and sister. On New Year‟s Eve 2009, the victim became sick from drinking too much alcohol and fell asleep in defendant‟s room. She was awoken by defendant yelling at her and hitting her across the face, upset that she had ruined his night by not having sex with him. She then felt forced to have sex with defendant. On January 20, 2010, defendant and the victim went to San Francisco for the day. After returning, the victim informed defendant that she wanted to break up. Defendant became angry and pinned her to the bed, refusing to let her leave. He then terrified her by threatening to kill her with an extension cord. The victim agreed to stay the night and had sex with defendant. The next morning, the victim used defendant‟s phone to call a friend and found flirtatious text messages from defendant to other women. When she questioned defendant about the text messages, defendant became angry and pinned her down, punching her in the back as she tried to get off the bed. The two then fought. Defendant…