People v. Montgomery CA1/5

I. FACTS AND PROCEDURAL HISTORY

During the summer of 2008, defendant was friends with Jane Doe, who was then 17 years old, and her boyfriend Joshua. The three of them sometimes spent the night in the “rumpus room” of Jane’s house after watching a television program together, sleeping on the floor in three separate sleeping bags. On two of these nights, defendant placed his

1 Further statutory references are to the Penal Code unless otherwise indicated. 2 The description of the underlying facts of the offense is taken from the preliminary hearing.

1 penis in Jane’s mouth when she was sleeping and ejaculated. Jane, who was taking medication that made her drowsy, was not able to awaken fully to stop defendant. Because of the friendship between Jane, defendant and Joshua, Jane did not initially say anything about what had happened. She reported the matter to the Napa County Sheriff’s Office in August 2012, but because she was reluctant to do a pretext telephone call, a deputy drove her to the market where defendant worked so she could confront him directly. Defendant spoke to Jane in front of the deputy and acknowledged putting his penis in her mouth and ejaculating while she was…