Braslaw

I. BACKGROUND

Defendant and Jane Doe3 were classmates at a vocational school in St. Helena. Doe lived at a school dormitory. Defendant lived off-campus in a house notorious for wild parties.

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part II(C). 2 All further statutory references are to the Penal Code unless otherwise indicated. 3 As the parties did at trial, we will refer to the victim as Jane Doe.

1 In January 2012, Doe and her former roommate, M.H., attended a party at defendant’s house. Doe became “really drunk.” One moment she was hanging out with friends; the next thing she recalled was being unclothed in a shower. M.H. testified Doe, while playing a drinking game, had “hit a wall,” sat down and stopped talking, and M.H.’s boyfriend took Doe upstairs so she could sleep. Doe then vomited, and M.H., the boyfriend, and defendant assisted with cleanup. M.H. and her boyfriend got Doe undressed and into the shower. Doe, according to M.H. was “completely gone”—just dead weight, not really aware of anything. Defendant was also drunk, but his level of intoxication was not comparable to Doe’s,…