P.

P. v. Zenteno CA5

Good Law
Court of Appeal of CaliforniaJuly 17, 2013F062489California12,058 words

Opinion

Opinion

Kane, J.

FACTS

In December 2008, 29-year-old victim worked as a cashier at a gas station in Lemoore. She met defendant because he was a repeat customer. Eventually they exchanged names, although defendant gave her a false name. The first time defendant asked her for her cell phone number, she told him, “[W]hat if you’re married.” The second time he asked, she gave him her number. He told her he was 36 years old, about 10 years younger than he actually was. And he told her he was childless, divorced, and had been single for 10 years, rather than married with five children. They started dating. They went dancing and out to eat. In January 2009, he took her to a motel, but she did not feel comfortable and they did not go inside. Later that month, they went to a different motel. Defendant told her they would watch television. Instead he took off his clothes and started kissing her. She allowed him to undress her and perform oral sex on her. He rubbed her vaginal area with his penis, but did not penetrate her with it. He did not have an erection. She was a virgin and defendant told her, “[I]t’s hard to penetrate a virgin so don’t you ever say somebody raped you.” She did not understand why he…

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