People v. Flores CA2/3

INTRODUCTION

A jury found defendant and appellant Alexander Flores guilty of multiple counts of forcible rape and of sodomy by use of force against K.S. On appeal, he contends that his trial counsel provided ineffective assistance by failing to “confront” evidence that a third party was responsible for K.S.’s injuries. We reject the contention and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual background.

A. Prosecution’s case. On the night of June 17, 2011, K.S., a lesbian, went to a nightclub with friends and family, including her cousin, Gregory S. (Greg), who drove her to the club.1 At the club, K.S. met, for the first time, defendant. He came with William Justin Mesa, K.S.’s friend and former boyfriend. Defendant flirted with K.S., who was not interested. Although K.S. had come to the club with Greg, he left without her. At approximately 2:00 a.m., K.S. left the nightclub, thinking that Mesa would take her home. Mesa instead told her that defendant would take her home. Defendant drove K.S. home, and they went inside her apartment to eat some food defendant had bought. K.S. thought that they would eat the food, but that was it: she did not…