P.

BACKGROUND

At the time of the events in question, defendant was intimately involved with Alison Croft, who had previously been involved, and had borne a daughter, with the victim, Genaro Fuentes. On the afternoon of June 12, 2010, Croft and Fuentes argued over who would care for the child that evening, with Fuentes attempting to drop her off at Croft’s house and Croft stating that she had plans to go out. Fuentes drove her back to his home. A few minutes later, around 3:30 p.m., he received a text message from defendant’s mobile phone number, to the effect that Fuentes would never get Croft back.1 Fuentes replied with a message to the effect that every time defendant kissed her, he should remember that she had given oral sex to Fuentes.2 Defendant replied that he had enjoyed those favors as well, adding, “you keep talking, you know I will fuck your shit up. Your mom too, bitch.” That evening, around 6:00 or 7:00 p.m., Croft visited Fuentes at his mother’s home, where he resided, in order to spend some time with her daughter. During the visit

1 The message, as retrieved from defendant’s cell phone, was read into the record as follows: “ ‘What's the problem bitch. You will…