STUEDEMANN

A jury convicted defendant David Edward Stuedemann of rape by a foreign object on an unconscious person (Pen. Code, § 289, subd. (d)(3)) and oral copulation on an unconscious person (§ 288a, subd. (f)(3)). The court suspended imposition of sentence and granted probation subject to numerous conditions, including a condition Stuedemann spend one year in county jail. On appeal, Stuedemann asserts the evidence was insufficient to support his convictions for those offenses because the uncontradicted evidence showed the victim, Griselda R., was not unconscious within the meaning of those sections at the time of his conduct.

FACTUAL BACKGROUND

The objective facts are largely undisputed. Griselda met Stuedemann at a swap meet at which he was offering massages. She was satisfied with his massage, and she subsequently made an appointment for a massage at his place of business.

When Griselda arrived at his place of business, Stuedemann was alone in his office. He instructed her to remove all her clothes except for her underwear. Over the course of the next two hours, Stuedemann gave Griselda a massage that culminated in the charged conduct.

The massage began with Stuedemann…