People v. Blake CA4/3

FACTS

I.

PROSECUTION CASE

One morning around 4:50 a.m., the victim was walking to work in Santa Ana. Defendant, who was riding his bicycle, approached and pointed a

1 All further statutory references are to the Penal Code.

2 gun at the victim’s side. Defendant warned the victim to not draw attention or he would shoot. He then asked the victim where he was going and instructed him to walk to a nearby park. The victim asked why defendant was doing this, and defendant replied, “‘Well, someone has to be a victim today.’” Once they reached the park, defendant asked the victim if he had any money. When the victim said he did not, defendant threatened to kill him and asked if he was “‘a dick-sucking faggot.’” Defendant then forced the victim to perform oral sex on him and ejaculated in his mouth. The victim testified he gagged and felt nauseous. After oral sex, defendant ordered the victim to clean his face and searched through his belongings. He took the victim’s cellphone and asked him to disable the cellphone’s password. While defendant continued searching, the victim raised his hands to indicate he was not resisting. Around this time, defendant said he wanted “‘to make this a…