People v. Parker CA3

FACTS AND PROCEEDINGS

Defendant was charged with forcible rape in concert with another, under section 264.1 (Count 1); two counts of rape of an intoxicated person under section 261, subdivision (a)(3) (Counts 3 and 6); penetration of an intoxicated person by a foreign object under section 289, subdivision (e) (Count 4); and two counts of forcible rape under section 261, subdivision (a)(2) (Counts 7 and 8). Other counts were charged against codefendant Ramar Weldon only and/or were dismissed before trial. Defendant and Weldon were jointly tried, but with separate juries. Weldon’s jury ultimately found him not guilty on several counts and failed to reach a verdict on two counts. Weldon’s case was reset for trial and is not at issue in this appeal. Evidence adduced at trial showed that victim Rosa “Doe” (then age 19) and four of her girlfriends, drank alcohol with defendant (then age 20) and four other males at defendant’s apartment on September 12, 2009. The victim was a college student and knew defendant and Weldon because they attended the same college, but she never expressed any sexual interest in them. The group played a drinking game. The victim drank three or four double…