People v. Fondren CA3

FACTS AND PROCEDURE

The Crimes Charles H. On the night of June 5, 2012, Jacob E. went to Elvia Guevara’s birthday party at the home of Adam G. and Charles H. Shortly after 10:00 p.m., defendant approached Jacob E. and offered him a pound of marijuana. The loud music caused defendant and Jacob E. to go around the corner to the side of the house. Defendant offered to give Jacob E. a pound of marijuana if he let defendant perform oral sex on him. Jacob E. declined, but defendant said, “C’mon, please.” Defendant grabbed Jacob E.’s penis twice during the conversation. Jacob E. felt uncomfortable and suggested they should get back to the party. Not wanting to make a big scene, Jacob E. just talked to friends when he got to the kitchen. Jacob E. told a few friends about what happened. Around midnight, he went to Riley’s bar with Guevara and Charles H. When Jacob E. returned to the party about 30 minutes later, everyone was upset and Charles H. was crying. Charles H. returned home from the bar around 12:15 a.m. He did not know defendant, but let him stay because he thought defendant knew someone at the party. Defendant offered Charles H. a pound of marijuana and said he needed to show…