People v. Phillips CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background3 On September 30, 2005, victim C.P.4 was driving with a friend when Phillips, whom C.P. had met through college, called her and asked to hang out at a night club in Mountain View. After C.P. and her friend drove by the night club, Phillips saw and followed them in his car to another friend’s house. C.P.’s friend attempted to evade Phillips but was unable to do so. After they reached the house, Phillips followed C.P. and her friend inside and did not leave when asked to do so. Phillips stated that he wanted to “hang out” with C.P. and asked her if he could get some “alone time” with her. When C.P. responded “[n]o” and told him she needed to get home, Phillips offered to give her a ride, which she accepted. After C.P. got into Phillips’ car, he asked her if she wanted to get into the back seat, which she refused. C.P. began feeling uncomfortable and wanted to exit the car, but Phillips began driving before she could do so. When C.P. attempted to give Phillips directions to her house, he ignored her and began driving erratically. C.P. asked him to

3 The facts of this offense are taken from the police report, which is…