People v. Cortez CA2/5

FACTS

At trial, the prosecutor put forth evidence that on the night of December 18, 2021, the victim and her sister were in Grand Park when Cortez approached the victim and sexually assaulted her. The women were walking together when they noticed Cortez behind them. They separated to determine whether he was following them. Cortez followed the victim up a flight of stairs. When he was about six feet away, she stepped aside to allow him to pass her. The victim saw Cortez put his hand into a backpack. This made her think that he was reaching for “something dangerous.” The victim put her hands out. Cortez tried to lift the victim; she screamed at him. They fell backwards and Cortez landed on top of the victim, whose head hit the ground. Cortez’s face was touching the victim’s face. Cortez pulled the victim’s hair. The victim asked Cortez why he did that, and he responded, “because I feel like it.” Cortez tried to put his hands

1 All further statutory references are to the Penal Code.

2 on the victim’s chest, but he could not because she was struggling. Cortez put his hands under the victim’s skirt and touched her buttocks and leg. The victim’s sister saw the attack and ran over to…