People v. Turner CA5

FACTS

Sandra R. testified at trial that she met Turner in March 2011, and that they lived together from June 2011 through September 2011. On September 27, 2011, Turner was not home when Sandra arrived home from work at approximately 5:10 p.m. Sandra was not feeling well so at approximately 5:45 p.m. she changed into a slip and a T-shirt and went to sleep in her bedroom. Later that evening, she heard Turner’s cell phone say it was 8:05 p.m. and she heard Turner talking to someone on the phone, saying he was going to go out and get drunk so she stayed in bed. The next thing Sandra remembered was being woken up when Turner came into the bedroom, pulled off her blankets, and attempted to take off her slip. Turner then told her, “[T]ake off your fucking clothes, bitch.… [T]ake off your T-shirt.” Sandra replied for him to give her a minute. After telling her to spread her legs, Turner put some saliva on his hand and then on her vagina. Sandra was scared because Turner woke her

Unless otherwise indicated, all further statutory references are to the Penal Code.

2 up and she did not understand why he was upset with her and was calling her “a fucking bitch.” She took off her…