People v. Masila CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

In 2020, after a long day celebrating her birthday with friends at a winery and at dinner, Jane Doe got into the backseat of an Uber rideshare car driven by Masila to travel home from her friend’s house. The ride started at 8:13 p.m. and was expected to last around 35 minutes. Jane Doe sent her boyfriend information that allowed him to track the progress of the Uber ride, and she talked to him on her cell phone at 8:32 p.m. while she was enroute.

Unless otherwise indicated, all further statutory references are to the Penal Code.

2 According to Jane Doe’s testimony, she was “super sleepy” and so fell asleep in Masila’s car after talking to her boyfriend. As Jane Doe explained, she woke up to find Masila on top of her in the backseat of the car. Her underwear was around her ankles, her breasts were exposed, and Masila’s penis was inside her vagina. It was dark, and Masila had placed a cover on the car’s front window. When Jane Doe woke up, Masila asked her if she “liked it.” Jane Doe replied, “What the hell?” Masila then said, “Give me your fuckin’ address,” moved to the driver’s seat and drove Jane Doe a short distance to her apartment.…