The People v. Kelly CA4/3

FACTS

Michelle H. One June evening in 2003 about dusk, Michelle, who was living in a homeless shelter because she was a victim of domestic violence, arrived at a bus stop after ingesting methamphetamine at a friend’s house. She was “lightheaded, paranoid, . . . [and] nervous[,]” and wanted to go to the hospital but was afraid she would be arrested. Michelle sat at the bus stop sans shoes for about two hours when Kelly sat down and started talking to her. She told Kelly that she was not feeling well, and he offered to take her to the hospital and get her shoes. She felt so bad she accepted his offer and got into his car. When Kelly drove past the hospital, Michelle asked him where he was going. Kelly replied he wanted to get her some shoes before he took her to the hospital. Kelly drove to a motel, said he was going to get some shoes, and got out of the car. She tried to get out of the car, but the doors were locked. After talking to a man, Kelly returned to the car without any shoes. Kelly drove towards the hospital but did not stop and drove in circles. During the drive, Kelly asked Michelle what her drug of choice was. She denied using drugs. Kelly said he would take Michelle…