P.

FACTS AND PROCEDURAL HISTORY

On October 3, 2008, Musser met victim Lisa Zazueta in a bar. Musser and Zazueta spent the night together at Zazueta's home and had sexual intercourse. During the following two weeks, Zazueta sent several text messages to Musser seeking to continue their relationship and expressing romantic feelings towards him. Having learned that Zazueta was married, Musser responded to her text messages by stating that he did not want to talk to her, did not want her texting him, and did not want to see her. In one text message, Zazueta told Musser she might have gotten pregnant during the night they spent together. Musser suggested an abortion if she in fact was pregnant. Zazueta continued sending text messages attempting to get together with Musser. On October 18, Zazueta text messaged Musser stating that she wanted to come to his house that night and have sex with him one more time. After more text messages from her, Musser agreed to see Zazueta again, hoping that she would leave him alone after that. They went to a motel where they had sex. On October 19, Zazueta texted Musser stating that she wanted to have sex with him again. Musser responded that he…