P.

P. v. Gambino CA4/2

Good Law
Court of Appeal of CaliforniaMay 3, 2013E053693California8,393 words

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…

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