California, United States of America
The following excerpt is from People v. Beltran, G040149 (Cal. App. 6/8/2009), G040149. (Cal. App. 2009):
The record is unclear about whether all the threats were made before defendant knew wife would have sex with him or whether some occurred after her will was overborne. We review the trial court's decision in the light most favorable to the prosecution, presuming the existence of every fact the court could reasonably deduce from the evidence. (People v. Hutchins (2001) 90 Cal.App.4th 1308, 1312.) Based on that standard of review we must assume some of the threats occurred after wife's capitulation. The real question, then, is, even based on this sequence of events, do these facts constitute substantial evidence of a separate intent and objective on defendant's part.
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