People v. Summers CA3

I. BACKGROUND

In 2011, defendant had been in a relationship with the mother of the 17-year-old victim, D.S., for approximately 10 years and was a father figure to D.S. and his siblings.

1 We grant defendant’s request to take judicial notice of our unpublished opinion in his prior appeal. (Evid. Code, §§ 452, subd. (d), 459.) 2 Further undesignated statutory references are to the Penal Code.

3 This statute was formerly section 1171.1, but it was renumbered under Assembly Bill No. 200 (2021-2022 Reg. Sess.) to section 1172.75. (Stats. 2022, ch. 58, § 12.)

2 (Summers, supra, C073289.)4 At the age of 13, defendant’s own brother molested D.S.; as a result, defendant’s brother was sent to prison. (Ibid.) When D.S. was 16, defendant took him to a motel, showed him how to smoke crack cocaine, and then sodomized him; D.S. did not report the sexual assault. (Ibid.) Although D.S.’s mother later kicked defendant out of their home, he returned on one occasion under the guise of taking D.S. to eat; on the way, defendant stopped at a hotel where he smoked crack with D.S., pushed him on the bed, and sodomized him. (Ibid.) Because defendant greatly outweighed D.S., he was unable to fight back.…