 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Durango4/2/2003
A jury convicted defendant Pedro Luis Durazo of raping Briana D. (Briana) while she was unable to resist due to intoxication. He challenges the sufficiency of the evidence, asserts instructional error and argues the court lacked authority to require him to register as a sex offender or to provide blood and saliva samples. Defendant's contentions lack merit. Accordingly, we affirm.
FACTS
Molly Young (Young) began working with defendant at the Acapulco Restaurant in Long Beach as a food server. They had a brief sexual relationship. The sexual component of their relationship ended and they became just friends.
In December 1999, Young and her two friends, Holly went to the restaurant company's Christmas party at the Foothill Club in Long Beach, California. They arrived at about 10:30 p.m. and each of them began drinking very heavily from the open bar. Young and Maggie used cocaine in addition to drinking alcohol. Briana consumed between five and nine drinks in a period of about 45 minutes and then continued to drink beer. Defendant also attended the function. When the party at the club ended at about 2:00 a.m., Briana was dizzy, and Young recalled Briana was "about as drunk as a person can get."
When the party at the club ended, the three women went to another party at the home of a woman named Kim Estrada. Defendant also attended Estrada's party. Because all three of the women were drunk, Young arranged for a taxi to pick them up and drive them to Young's apartment in Huntington Beach. When the taxi was late in arriving, Young asked defendant to drive them back to Young's apartment in his truck.
On the way to Young's apartment, they stopped at a fast food restaurant. Briana was so drunk she got out of the truck and vomited in the parking lot while defendant held her hair away from her face. Defendant also had to stop the truck a second time so Briana could get out of the truck and vomit again. Once in Young's apartment, Briana passed out on one of the living room couches at about 5:00 a.m. Maggie went to sleep on another couch. Young and defendant went to sleep in Young's bedroom.
Maggie was awakened when she found the naked defendant on top of her. Her shorts and underwear had been removed. Defendant attempted to have intercourse with Maggie by placing his erect penis against her vagina. Maggie placed her hand around defendant's penis to prevent him from penetrating her and told him, "No, I don't want to do that." Defendant then positioned himself to have mutual oral sex with Maggie and she did not object. Once again, defendant attempted to have intercourse with Maggie who again refused. Defendant then asked Maggie, "Do you mind if I go to the next girl?" Maggie said "Whatever" and went back to sleep. Soon thereafter, Maggie heard Briana whimpering and making noises. She heard defendant tell Briana, "Don't worry, I'm not going to come in you."
Briana awoke when she felt her head banging against the couch. She felt defendant's penis inside of her and then felt him ejaculate on her buttocks and upper thighs. She recalled he went to the kitchen and returned with paper towels for her to clean herself. Briana became hysterical. Defendant asked Maggie to help calm down Briana. Maggie woke up Young and told her what had just happened.
Young confronted defendant in her living room about the events that had just occurred. Defendant claimed Briana was lying and that "she wanted it." Young tried to call 911, but defendant grabbed the phone away from her. Defendant told Young before he left that she could call anyone she wanted. He told her, "`You know where I live. You can tell them.'"
The police a
Page 1 2 3 4 5 6 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|