People v. Forbes CA1/1

I. BACKGROUND1

Defendant was charged in an information, filed January 24, 2012, with kidnapping for the purpose of committing another crime (Pen. Code, § 209, subd. (b)(1)), rape of an intoxicated person (Pen. Code, § 261, subd. (a)(3)), three counts of forcible rape (Pen. Code, § 261, subd. (a)(2)), two counts of forcible oral copulation (Pen. Code, § 288a, subd. (c)(2)), sodomy by use of force (Pen. Code, § 286, subd. (c)(2)), and aggravated

1 Defendant does not challenge the sufficiency of the evidence to support his convictions. In light of the nature of the claims made on appeal, our discussion of the factual background of the convictions is limited to a general characterization of the evidence presented at trial. The facts relating directly to defendant’s appellate claims are recounted in the discussion of those arguments. assault (Pen. Code, § 245, subd. (a)(1)). The information also contained various sentencing enhancement allegations. The victim, a 22-year-old woman, became very intoxicated while visiting a bar with friends in September 2011. Her friends lost track of her, but when last seen she had no visible injuries. The victim remembered being unable to find her…