P.

P. v. Miranda-Retana CA1/5

Good Law
Court of Appeal of CaliforniaJuly 22, 2013A137202California1,584 words

Opinion

Opinion

Bruiniers, J.

I. BACKGROUND3

John Doe I Fifteen-year-old John Doe I was interviewed by Santa Rosa police on December 21, 2011, at 8:30 p.m. at Kaiser Hospital. Doe I said that earlier that day, while waiting for a bus at the downtown Santa Rosa transit mall between A Street and Santa Rosa Avenue, he saw Miranda-Retana, dressed as a woman, exit a bus and then disappear. A short time later, Doe I saw Miranda-Retana standing near a construction area. Doe I said Miranda-Retana motioned toward him, directing him to walk towards Miranda-Retana. Once close to Miranda-Retana, Doe I was immediately grabbed by the arm and forcibly pushed against a chain link fence, with his face hitting the fence. Doe I could see Miranda-Retana‟s pants down around his ankles. Miranda-Retana grabbed Doe I‟s arms, pinning them to his side. Miranda-Retana pulled Doe I‟s pants down to his knees and grabbed him by his hips, pushing Doe I‟s penis into Miranda-Retana‟s groin area as he began making thrusting movements. Doe I attempted to free himself, but was unable to do so. Doe I was uncertain if he actually penetrated Miranda-Retana. Doe I said that Miranda-Retana also orally copulated him and the incident lasted…

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