People v. Guzman CA1/5

BACKGROUND

Because Guzman’s convictions arise from separate interactions with each of his three victims, we briefly recount the factual background for each victim before discussing his aggregate sentence.

A.

Jane Doe (Counts 10 and 11)

In counts 10 and 11, a jury found Guzman guilty of rape and oral copulation of an incompetent person, Jane Doe. (§ 261, subd. (a)(1); § 287, subd. (g).)

When the offenses were committed in September 2019, Jane Doe was 75 years old and had been suffering from cognitive impairment due to Alzheimer’s disease for years.2 Jane Doe lived on her own in an apartment complex for senior citizens, and several of her children resided nearby. Despite her dementia, Jane Doe went on walks near her apartment several times a day.

One day, Jane Doe reported to her daughter that a man had stayed overnight at her apartment and may have put his penis in her vagina. Jane Doe was interviewed by police as well as by a forensic interviewer who specialized in interviewing children and disabled people. During these interviews, Jane Doe struggled to respond to the questions she was asked. She displayed memory loss, provided disjointed, confused answers at times, and did…