People v. Green CA2/3

I. Facts2

In the early afternoon of July 11, 2012, Green approached M. who was working on her car in a parking lot behind an AutoZone store in Palmdale, California. M. declined Green’s offers to help. M. further declined Green’s offer to pay her for sexual intercourse. When M. resumed working on the car, Green approached her from behind. He placed one arm across her chest, and the other on her lower abdomen. Green reached inside the front of

All further undesignated statutory references are to the Penal Code.

We refer to the factual background from the opinion in People v. Green (Feb. 19, 2015, B254805) [nonpub. opn.], which affirmed the judgment of conviction.

2 M.’s pants and forcefully inserted a finger inside her vagina. M. pushed Green away and told him to stop. Green grabbed M.’s arm and held it tightly. Green let her go when a store employee walked past them. Green approached M. again. He grabbed M. and forced her to her knees. Green held M.’s head and forcefully inserted his penis into her mouth. M. pulled her head from Green and walked away from him. Green stood by M. as another store employee walked past them. Green opened the driver’s side rear…