P.

FACTS

Defendant raped 88-year-old Lily Peterson in her home and robbed her of her wedding ring on June 24, 1998. Public records indicated that defendant was in the Los Angeles area on June 12 and on July 11, 1998. Peterson passed away in 2000. In 2010, defendant was connected to the rape by a DNA match. This prosecution followed. Leila Riela lived next door to Peterson for 36 years, visiting her often. At 9:50 a.m. on June 24, Riela received a telephone call from Peterson, asking her to come right over. Peterson sounded ―bad.‖ Riela found Peterson sitting in her rocking chair, ―disheveled and bruised, red, swollen face, and crying.‖ Peterson said she had been raped and robbed by a Black man, who wanted her wedding ring and jewelry. Peterson, a widow, always wore her wedding ring, but Riela noticed it was missing from her finger. Riela insisted they call 9-1-1 immediately. Riela placed the call, beginning by telling the operator ―a Black man raped my neighbor here.‖ Peterson took the phone and described the attacker as a very young man, between 17 and 20 years old, wearing all

All statutory references are to the Penal Code, unless otherwise stated. The jury found…