People v. Brown CA3

BACKGROUND

We summarize the facts of defendant’s crimes as described in this court’s opinion in defendant’s original appeal. (Brown I, supra, C055179.) In 2004, defendant and his half sister, D.R., sat in a car, parked in a garage, using cocaine and methamphetamine together. Defendant told D.R. she looked “good” and asked to have sex with her. D.R. refused. Angered by her refusal, defendant pulled off D.R.’s pants and underwear before she was able to escape from the car. (Ibid.) After D.R. got out of the car, defendant held her down inside the garage and tied her hands and feet with a severed vacuum cleaner cord. (Brown I, supra, C055179.) He swung the cord over a beam in the garage ceiling and suspended D.R. approximately six inches from the ground. (Ibid.) Defendant then poured paint over D.R. and threatened to set her on fire. D.R. hung from the garage ceiling for about an hour before defendant cut her down. (Ibid.) Then, defendant put D.R. in the back of the car; he told D.R. that he was either going to kill her or dump her by the river. (Ibid.) D.R. managed to escape to safety. (Ibid.)

2 In 2006, after drinking alcohol and using drugs with his friends, defendant demanded…