People v. Acosta CA4/1

I. FACTUAL AND PROCEDURAL BACKGROUND

At trial, the People presented evidence from two named victims, J.L. and L.C., and a third woman, A.C., who testified to uncharged conduct. They also called expert witnesses to testify regarding relevant DNA evidence. 1. J.L.: Counts 1, 2, and 3 J.L. went for a run in the early morning hours of June 16, 2010. While on her run, she passed two men. One of them wore a black hooded sweatshirt with the hood over his head. J.L. described the other as “a short person, dark skin, and he was wearing a white and black striped shirt, and dark pants.” Shortly after passing the men, J.L. felt someone grab her from behind and begin choking her, telling her he had a knife and a gun. She observed that his sleeve was a thick black sweatshirt. J.L. lost consciousness and came to near a trash bin. Her assailant kept one hand around her neck and tried to touch under her clothing with the other. He began to pull at her pants, continuing to apply pressure to her neck. J.L. bargained with her

Further undesignated statutory references are to the Penal Code. 2 assailant for her safety, offering to lower her pants if he would let her breathe. The assailant…