People v. Villanueva CA4/3

FACTS

On August 10, 2009, Rebecca arrived home from work around 7:00 p.m. Rebecca’s husband was away on a business trip. After changing clothes and opening all 1 All statutory references are to the Penal Code unless otherwise stated.

2 of the doors to cool the interior of her home, Rebecca did some gardening, turned on the pool pump, and barbecued herself a meal. After talking to her husband on the telephone, Rebecca went to the living room and watched television. Around 9:00 p.m., Rebecca heard someone say, “Give me your money.” She turned around and saw a man, whom she later identified as defendant, with part of his nose and mouth covered by a shirt or bandana. He was holding one of Rebecca’s kitchen knives. When Rebecca told defendant that she did not have any money, he pushed her to the other end of the couch, put his hands on top of her blouse, and put a pillow on her face. Afraid, Rebecca told defendant that she had money in the kitchen. Defendant began lifting Rebecca’s blouse. Afraid that defendant was going to rape her, Rebecca pleaded with defendant not to hurt her; she begged him to just take her money and leave. Undeterred, defendant lifted up Rebecca’s blouse and…