People v. Perine CA1/4

BACKGROUND

Perine was charged by information with one felony count each of penetration by a foreign object (§ 289, subd. (a)(1)(A)); corporal injury on a dating partner (§ 273.5, subd. (a)); and stalking with two prior convictions (§ 646.9 subds. (a), (c)).2 At trial, evidence was presented that Perine met and started dating the victim in October 2015. The victim testified that the relationship ended in April 2020 after a verbal disagreement, although she did acknowledge having sexual intercourse with him one time after the breakup. She claimed that, despite returning his key and letting him know that she was blocking him from contacting her phone, he continued to leave voice and text messages and drive by her home. In February and March 2021, Perine sent the victim several unwanted, sexually explicit texts, which were read to the jury. He also left several unwanted, sexually explicit voicemails on her phone that were played for the jury. Some of the messages referenced Perine wanting to engage in sexual activity in the alleyway behind the victim’s house, but the victim testified that it was not something that had happened previously between them. On March 17, 2021, the victim…