People v. Moore CA4/2

I. FACTUAL BACKGROUND

Jane Doe met defendant when she was a freshman in high school and defendant

was a senior. Doe thought defendant was a “nice guy,” and she and defendant quickly

1 All further statutory references will be to the Penal Code unless otherwise noted.

2 became friends because they “got along great.” Doe was not attracted to defendant in any

romantic way, and the two never had a girlfriend/boyfriend relationship. Doe’s

friendship with defendant continued through high school and past their respective

graduations. By 2011, Doe considered defendant to be her best friend. Doe trusted

defendant, and thought of him as a big brother.

In October 2011, Doe was 20 years old and living with her family in Moreno

Valley. Defendant lived near Doe’s home, and the two socialized on an almost daily

basis. On the evening of October 27, 2011, Doe called defendant to see if he wanted to

“hang out” after he got off work. Defendant agreed, and arrived at Doe’s home about

11:00 or 11:30 p.m.

Defendant brought two 24-ounce cans of “Four Loko”2 with him, and he and Doe

each drank one of them. About an hour later, defendant and Doe decided to go to the

store and purchase…