P.
P. v. Gambino CA4/2
Opinion
Opinion
FACTS
The victim married defendant on December 30, 1994 and, thereafter, they had
three children. She had an affair the following year, which defendant constantly brought
up between 1995 and 2000. They separated in 1998, but continued to see each other.
They divorced in May 2000. However, they continued to live together for a period in
Cathedral City. The victim had a second affair in 2007, which defendant discovered
through the victim‟s co-workers‟ emails. They remarried in November 2007. The victim
testified that defendant forced her to remarry him, threatening to kill her if she did not.
Defendant also had affairs during the marriages, and when he and the victim were not
married and not cohabitating, he would come over to her home while living with other
lovers. They separated in March 2009, and, thereafter, she did not see defendant
All further statutory references are to the Penal Code unless otherwise indicated.
2 romantically. She moved herself and her children into an apartment, where the crimes
eventually occurred. She applied for a domestic violence restraining order and filed for
divorce in April 2009. A restraining order was granted the following…