People v. Gibbs CA4/1

STATEMENT OF FACTS

Gibbs does not challenge either the admissibility or the sufficiency of the evidence

that supports his convictions. Accordingly we will include only a summary of the facts at

trial to provide context for the discussion which follows.

This is a strange set of facts. The victim, referred to here as Jane Doe, came to

Gibbs's apartment in Twentynine Palms on December 28, 2011, selling magazine

1 All further statutory references are to the Penal Code unless otherwise specified. 2 subscriptions. Doe asked for a glass of water as a tactic to prolong the contact and thus

improve the chances for a sale.

It is undisputed that after she entered the apartment Doe and Gibbs began drinking

rum. They went to a liquor store and obtained a second bottle. After obtaining the

second bottle it is also undisputed the two became "affectionate," engaging in kissing and

touching and that at some point in the process they became naked. Gibbs attempted to

orally copulate Doe and she pushed him away. The events that followed were disputed.

Doe testified that after she pushed Gibbs away he became aggressive. He dragged

her into the bedroom by her ankles,…