People v. Rhodes CA6

I. BACKGROUND

Because Rhodes pleaded no contest before trial, we derive the facts below from the incident report, which provided the factual basis for the plea. A. The Offense Rhodes had a three-year relationship with Jane Doe, which ended in 2021. In the early morning of September 26, 2022, Doe woke up and found Rhodes standing at the foot of her bed. He was drunk and had entered the house uninvited, but Doe let him stay until he sobered up. However, Rhodes continued drinking throughout the day. The following evening, Doe asked Rhodes to leave the house, and they began to argue. Rhodes grabbed a small conch seashell and a gold watch, which he said he would take. Doe told him he could not, and she tried to grab the seashell, which Rhodes swung at her head. Doe ducked and fell, and the two began wrestling on the floor. Rhodes pinned Doe to the floor face down, straddling her waist, and began pulling up her nightgown. Doe believed Rhodes was going to rape her. Doe fought and rolled onto her back, but Rhodes gripped her neck with both hands, told her repeatedly he was going to kill her, and choked her until she began to lose consciousness. Nevertheless, Doe was able to push her way…