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People v. Marchi6/30/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
BACKGROUND
This case arose from the break-up of defendant's four-year relationship with Melanie Quandt. Defendant and Quandt had lived together since 1998. In the summer of 2001 Quandt told defendant that she no longer loved him and wanted to date other people. The two of them moved to a house in San Mateo with a third roommate so that they could each have separate bedrooms.
On the evening of Friday, September 28, 2001, Ryan Howard and two other friends were visiting Quandt at the San Mateo house. Defendant aggressively confronted Howard, told him to leave and threatened to assault him. Howard replied that Quandt had not asked him to leave, but that he would do so out of respect for the fact that defendant had dated her. After Howard left defendant became violent, throwing things and screaming, "I wanted to kill him." He and Quandt argued for hours afterwards.
Quandt went out the next night, returning around 10:00 the next morning. While she was in her room changing to take a shower defendant kicked open her door, breaking the door frame, "screaming and threatening me and yelling crazy things at me" like "stupid slut." Defendant continued to yell and swear at her and kicked in the bathroom door while she showered. Quandt was frightened and decided to leave for her mother's house.
She returned home later that afternoon to find broken pictures and pottery all over her room, dirt everywhere, and "you stupid whore," "slut," and "bitch" written in lipstick on a mirror. One of her housemates told her defendant had vandalized her room. Quandt grabbed additional clothes and fled to her mother's house.
The following Saturday Quandt visited her friend Michelle Pedone in Half Moon Bay. Starting around 3:40 the next morning she received 42 phone calls. Some were hangups, although some messages were left. All of the messages were from Marchi. He told her he had read her diary and called her a "liar" and a "bitch." Later that morning Quandt called back and told him to stop calling her.
That afternoon, October 7, Quandt returned to her apartment with Pedone to pick up her belongings. A smashed television was in front of her door. All of her belongings were piled hip-deep on the floor with chemicals, burn marks and cat litter over them. Her electronics had been smashed and her clothes destroyed. She called the police, who responded and photographed the damage.
Defendant returned while the police were still there. In front of an officer, defendant told Quandt he had vandalized her room "because I love you." The next day he called Quandt four or five times telling her he was sorry and would try to pay her back. Defendant called her repeatedly the rest of the week and left notes on her parked car. He told her he loved her and wanted to reconcile. She told him she was not interested in being his friend.
In mid-October Quandt moved to a new house. The evening of October 19 defendant came by and asked to speak to her. He left when asked, but came back later that night and stood by the door trying to talk to her. The next day he called her seven times and left three messages threatening to kill her and "everyone you care about." Quandt called the police. While the responding officer, David Lashley, was still there, defendant called again. Quandt handed the phone to Lashley, who
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