People v. Chavez CA3

BACKGROUND

On the evening of May 27, 2019, defendant went to the house of his sisters Daniela and Gabriela. Gabriela was staying at her boyfriend’s house that night, so defendant planned to sleep in her room. Earlier in the day, Daniela went to San Francisco with her boyfriend and others, including N.D., a friend she met at Sacramento City College. They returned to the house at around midnight. Defendant was in Gabriela’s room when they arrived. When Daniela and her group got to the house, they started playing music, hanging out, and drinking beer. Defendant eventually emerged from Gabriela’s room and joined them in the living room. Defendant, who was 18 at the time, drank three or four beers and became intoxicated. N.D., who was 19 years old at the time, had a couple of beers. At some point, Daniela and her boyfriend got into an argument and went outside. N.D. came outside and said she was going to sleep in Gabriela’s room with defendant. N.D. explained, “I’ll sleep by his feet so it’s not weird or anything.” Daniela went inside to check on defendant, who was “passed out” on the couch. She nudged him awake and asked if he was okay, and he asked her to get him a pillow. N.D.…